The Planning & Zoning Commission (PZC) approved a special exemption that will allow a mixed-use development at 75, 83, 93 Hemingway Avenue, which will see 71 age-restricted (55 and older) units and two commercial buildings come to the property.

One of the commercial buildings would be 6,175 square feet and would be used for retail space, and the other building would be 4,500 square feet and would be used for medical offices. Attorney Timothy Lee, who represents the applicants, said offering those services would make the development more attractive to potential residents and help create a self-contained environment.

The exception was approved at the Sept. 6 PZC meeting, but discussions about the project had taken place at previous meetings in July and August. One concern that came up at a public hearing for the property on Aug. 2 was that the building is going to be built in a flood zone.

While Lee acknowledged that’s true, he said the architect for the project, Robert Mangino, has designed the building to be above flood elevations. At the hearing, Lee said that Mangino had submitted a letter to the PZC stating the project is compliant with FEMA regulations.

Lee said that between the August and September meetings, the PZC wanted to verify that the project met criteria for the Department of Energy & Environmental Protection (DEEP) and the Department of Transportation (DOT), and also allow time for the town engineer to review the project.

Prior to the Aug. 2 meeting, some comments were received from DEEP, including issues about potential interference with easements, drainage, groundwater, and a zoning change that may increase residential density.

Lee addressed the easements and the zoning change at the hearing. He said the project won’t interfere with any easements that are on or near the property, and said the zoning change that was made allowed the applicants to put in two commercial buildings, as a result decreasing the residential density of the project.

Jim Galligan, engineer for the project, addressed the groundwater and drainage concerns. He said plenty of safety factors have been built in, going above and beyond the worst case scenario in terms of groundwater, and that no drainage will go onto adjacent properties.

There were some conditions to the approval of the project. All easements must be satisfied, the applicant must attain a $25,000 sediment and erosion control bond, any DOT conditions must be attached to the approval, and monitoring of all construction must be done by the projected engineer and reported to the town engineer on a monthly basis.

Lee said the conditions weren’t anything that was a surprise or that couldn’t be accommodated, and said some have already been satisfied. He said the next step for the project is to go to the DOT for road improvements, and once that gets taken care of, construction can begin.