Officials approve 115-unit development
First 40B development, profit sharing agreement approve
By Caitlyn Kelleher JOURNAL REPORTER

Ashburnham's first non-age restricted condo - and 40B - project is now officially on the books.

The Zoning Board of Appeals signed their decision Monday night moments after the Board of Selectmen signed an agreement to split any profits over 15 percent on the project with the developer.

"(The developer, Mark Dymek,) listened to all of our concerns and tried to work with us," ZBA Chairman David Perry said.

The project is 115 units - 14 single-family homes and 101 condos - on 88 acres of land off Whitney Drive and extending behind the American Legion to abut the John R. Briggs property on Williams Road.

The profit sharing agreement is one of only three others that have been developed in the state along as part of a 40B application.

Under a 40B application developers are allowed to bypass local zoning regulations and only appear before the ZBA for a comprehensive permit. In exchange for the zoning exemptions developers are required to make 25 percent of the housing units must be affordable under the state guidelines and a 20 percent profit.

The plans for the 40B project that the Zoning Board of Appeals approved on Monday layout the single family homes and the condominiums.

As part of the profit sharing agreement signed by selectmen on Monday, Dymek agreed to split any profits over 15 percent of the cost of the project with the town.

In return the town will collect a flat rate of $665,000 instead of the usual building and inspection fees. The money will be kept in a separate account, which Selectmen will have to vote to remove money from.

Dick Heaton, the town's professional consultant on the project, said, if the town charged the regular building and inspection fees the cost would have been more than a million dollars. If those fees were charged then Dymek could appeal to the state and get a reduction and pay the town less than the $665,000.

"(The profit sharing agreement) is potential more money to the town," Town Counsel Deborah Phillips said.

"I think we should give Mark (Dymek) a lot of the credit for working with the town," Dennehy said. "We're in some ways treading in some uncharted water."

Dymek said he expects the build out of the project to take four years. The first phase of the project will be the single-family homes and then second phase will be the condos but even before building begins there will be several months of work to establish the infrastructure.

"We have to convenience people it is a buyer's market," Dymek said.