CAMH gets Update on 14-unit Heath Street Condo Project

By Adam Swift

      The developers of a proposed 14-unit residential building at 87 Heath St. provided an update on the project at the January meeting of the Community Alliance of Mission Hill.

      “This is a redivision of lots, we are creating a 6,100-square-foot lot for a proposed 14-unit residential building,” said attorney Richard Lynds, who represents project owner and proponent Carlos Arias. “The units range in size from 763 square feet, which is a one bedroom, up to 1,900 square feet, which is a larger four bedroom.”

      The proposal includes a total of seven parking spaces.

      “This project, because it exceeds six units, we are subject to Article 79 and that means that two of these units will be restricted as affordable units limited to 60 percent AMI (Area Median Income),” said Lynds. “We can go as high as 70, but we would have to average it out for 60 percent AMI, which means that the other one could be as low as 50 percent AMI.”

      The units are intended for home ownership, so will be individual condominium units, Lynds said.

      “Therefore, the restrictions for resale are dictated by the mayor’s office of housing and the Boston planning department as to what the maximum amount that can be charged for the units,” said Lynds.

      Lynds noted that the sites to the right and the rear of the proposed five-story building are residential, while the property to the left is more industrial/commercial, which he said is pretty typical of Heath Street.

      The parking area is open with most of that parking tucked under the building, although the developers said it is likely that the Boston Planning Department will require screening around the parking area.

      Project architect Nick Landry reviewed the design and materials that are planned for use in the new building. He said the project will include black, steel-framed windows, in addition the first floor of the building will consist of black masonry with more of a red brick style as the building rises up to keep consistent with the style of the other buildings on the property.

      Landry also presented an updated solar study to the CAMH. Using information from the summer solstice, he said the study showed that there would be a shadow from the building on 89 Heath St., which is also owned by Arias and his team in the morning hours.

      At noon, Landry said there would be shadow cast on the adjacent three-family building, and in the later afternoon, there would also be some shadow cast on the three families to the right of the new building.

      When asked about the future development of other parcels on the site Arias owns, Arias said his team is looking to bring a small gym to the property near a proposed distillery at 89 Heath St.

      Arias and Lynds were also asked if there would be an owner-occupied restriction placed on the units so that the building does not get filled with a transient student population.

      “This comes up a lot from the city of Boston, and as a real estate attorney, I see this issue a lot,” said Lynds. “I want to be as transparent and honest with everyone about how that works, and I know certainly in Mission Hill the concern over housing for students is an important one. Part of our condo documents typically include a minimal rental period, which is 12 months.

      “To put something in there that talks about owner occupancy only, meaning that they have to be owner occupied, can be a bit of a challenge,” he continued. “I can certainly have my client agree to that, but what I don’t want to do is have my client agree to it and then the condo gets sold and something happens later where people say you agreed to make those owner occupied. The question comes down to enforcement, the restrictions have to be enforced by somebody who is named as a party in the deed and typically the declarant, who would be the developer in this instance, would be the person that would likely be the enforcer.”

      CAMH Board member Mary Ann Nelson noted that while it seems like a big building for the small amount of space, it is actually smaller than much of what is proposed and built in the neighborhood.

      “Five stories seems pretty good because everybody else seems to be going up as high as they can around Mission Hill,” Nelson said.

                 Lynds also addressed the possibility of lowering the building from five to four stories, stating that it would likely not make financial sense for the project.

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