Image courtesy of Hacin
A condominium project that prompted a “Keep Our Historic Skyline” opposition campaign by some Winchester residents has a new roadblock: litigation by the town’s Affordable Housing Trust.
Cambridge-based developer Urban Spaces acquired the 10 Converse Place medical office building last year and submitted updated plans for a 37-unit condominium building.
Urban Spaces’ proposal reduced the building’s footprint, seeking approval for a 6-story building, 15,000 square-foot building containing up to 37 units, but received opposition to the height and bulk of the structure during public meetings last fall.
After Urban Spaces reduced the height to five stories, the Winchester Planning Board approved the project in February. To comply with Winchester’s inclusionary zoning policy, the board approved a $2 million fee in lieu of including affordable units on-site.
According to a lawsuit filed by the Winchester Affordable Housing Trust on April 17, the Planning Board violated town zoning regulations under the Planned Unit Development guidelines. Under that bylaw, the Converse Place project would be required to include at least three income-restricted units on-site. Payments in lieu of on-site units can be approved if the developer submits a pro forma financial statement.
No such pro forma was submitted to the Planning Board or the Winchester Housing Partnership Board, the lawsuit states. A subcommittee met with the developer and reviewed financial information confidentially.
The complaint, filed in Middlesex Superior Court, also claims the board’s decision was based upon meetings and recommendations of subcommittees held in violation of the Open Meeting Law.
Submitted by attorney David Klabanoff of Boston-based Gilman, McLaughlin & Hanrahan LLP, the complaint seeks to annul the board approval.
Urban Spaces acquired the property for $6.8 million through foreclosure last August after a previous development team, Gillespie & Co. and Ad Meloria, failed to gain approval for a 46-unit condominium project.
The Winchester Planning Board declined to comment. A message was left with Urban Spaces CEO Paul Ognibene seeking comment.
