Wayland ZBA denies Mill Creek 172-unit 40B project as incomplete

WAYLAND — August 8, 2023 — Wayland ZBA procedurally denies Mill Creek's 172-unit 40B without prejudice. The board voted 6-0 Tuesday to reject the Boston Post Road comprehensive permit application after town counsel found it lacked a required project eligibility letter and any real evidence of fundability beyond an undated Eastern Bank letter saying the bank would be "interested in providing both construction and permanent finance." Twenty-five percent — 43 of 172 units — would have been deed-restricted as affordable. Goulston & Storrs attorney Debbie Jarlitz, representing Mill Creek, argued that case law makes the eligibility letter non-mandatory; outgoing associate member Jim Grumbach was unswayed, citing 45 years as a hearing officer. Acting Chair Thomas William White presided. The board separately granted a 5-0 special permit to Richard and Nicole Gilbody at 5 Lundy Lane for a 4,277-square-foot addition representing a 272 percent gross-floor-area increase.