Belmont Uplands Developer Will Soon Seek Permit

O'Neill Properties Group, the Philadelphia-based developer of the controversial Belmont Uplands apartment complex, will seek a building permit "early in the fall," according to the town official who recently held meetings with the developer.

Glenn Clancy, Belmont's Director of Community Development, said he met with O'Neill representatives in the past six weeks to review the Comprehensive Permit that allows them to secure a building permit for the $70 million project first introduced nearly five years ago.

"This was sort of a springboard in identifying issues and work through them," said Clancy, adding that the meetings were the "beginning of the permitting process."

Clancy said while the team did not give him any direct word of their plans, "it appeared that they were ready to create meaningful architectural drawings" which indicates they are well on their way towards seeking a permit.

He also said there was no indication from O'Neill that the project will be delayed in any way.

Clancy said he and O'Neill's development team had gone over "point by point" the 42 conditions set by the town that the firm must meet to secure a building permit.

"I had a color coded copy of the permit that showed what O'Neill is required to do before seeking a building permit, prior to construction, prior to occupancy and post occupancy," said Clancy. He said O'Neill's representative had a nearly similar written up copy of the permit.

"I guess engineers do think alike," he said.

On one of those conditions, Clancy said O'Neill is in discussions with City of Cambridge officials on the feasibility of using Cambridge sewer connection to lessen the chance of flooding in Belmont.

When the town receives the request sometime in late September or early October, it will have 30 days to either issue or deny a building permit.

"With a project this size, we can expect to take the entire 30 days," said Clancy. "It will not be a quick turnaround."

A Comprehensive Permit was granted to O'Neill by the town's Zoning Board of Appeals in February 2007 allows for five, four story buildings located on nearly 16 acres on the west side of Acorn Park Drive in the midst of 120 acre nature reserve on the Belmont and Cambridge line.

Under current state law known as Chapter 40B, a developer can seek a Comprehensive Permit exempting it from local by-laws including zoning laws as long as it sells a set percentage of units at affordable prices.

Currently 60 units at Belmont Uplands will be sold to households earning 50 percent or less than the area median household income. In 2008, the household income in Belmont was $103,241.

The Belmont Uplands development comes as a question on the November ballot will ask state residents to repeal Chapter 40B.

The organization which secured the ballot question, Chelmsford-base Citizens for 40B Reform, claims developers has been abusing the law to create developments harmful to towns when they are unable to secure earlier developments that fall under strict local guidelines.

While the passage of the question in November would invalidate 40B approved projects in the development pipeline, town officials said as long as a developer holds a valid building permit and have met all outstanding conditions by Dec. 31, 2010 – the final day the law would be in effect – they will be grandfathered to build under the former law.

The King of Prussia-based developer does face two court challenges. One is from environmentalist and Belmont homeowners who are challenging a ruling by the Department of Environmental Protection that allowed the project to move forward. In the other, the Belmont Conservation Commission has filed an appeal in state court after state officials overruled their rejection of the project.

Belmont Upland critics contend the project will increase the already troublesome flooding problems in the area, will do great damage to the unique environment of the Alewife Reservation and will have a detrimental impact on town finances.