Rail Trial Bike Path Discussions

The Tri-Town Transcript reports that Topsfield residents are discussing the construction of a bike path to run through Topsfield and possibly connect Salisbury to Danvers. Topsfield’s local access cable channel wants to feature a debate with representatives from the town’s rail trail committee and a grassroots neighborhood organization, formed in July, which has been critical of the plan. The town’s rail trail committee was formed to oversee the transformation of a 4-mile section of an historic railroad into a rail trail for bikers, walkers, or horseback riders.

Read the entire Tri-Town Transcript article

Plans for Downtown Marketplace in Salem Move Forward

According to the Salem Gazette, a newly revised plan by Somerville developer Resource Capital Group (RCG) aspires to draw locals back into downtown Salem and bring back the lively marketplace atmosphere that used to thrive in Salem. The 4-story, mixed-use building they propose is the result of months of meetings with the mayor and the Marketplace Redevelopment Committee, a group of interested citizens and community stakeholders who provided input for the block that includes Front, New Derby, Washington and Lafayette streets.

RCG owns much of downtown Salem and manages numerous properties including the City Hall Annex on Washington Street, the West Coast Video building on Lafayette Street and the downtown Derby Lofts. The new marketplace building is slated to go the long-vacated and recently-demolished Salem Evening News building on Washington Street.

Read the entire Salem Gazette article

Andover to Decide on Lowell Junction Development of I-93

According to the Andover Townsman, Andover residents will likely have an opportunity at a Town Meeting sometime in 2008 to choose to make the Lowell Junction Development of I-93 a "priority development" for expedited permitting under Chapter 43D.

Such a designation would help attract interest among developers and ensure that local permitting decisions are made within 180 days, according to Planning Director Paul Materazzo. Such a designation could also open the door to technical assistance grants from the state, he said.

Read the entire Andover Townsman article discussing other Town Meeting topics including Anti-flooding plans and a bylaw update affecting the types of businesses that people can run out of their homes

Homes of Deaf Mansion to Become Senior Condos in Danvers

According to the Salem News, the New England Homes for the Deaf will sell its brick landmark Water Street mansion to a local developer, Thomson Companies of Danvers, who plans to construct as many as 14 senior condominiums within the historic building. The building was originally constructed in the 1850’s; developer Gordon Thomson also stated that the P&S included approximately 8 acres of adjacent land for an 8-lot single-family housing subdivision

Read the entire Salem News article

Danvers Planning Board Has Full Schedule

The continuation of a public hearing regarding the proposed Route 114 senior housing complex, called Lebel’s Grove, is just one of the agenda items scheduled for the December 11th meeting of the Danvers Planning Board. Another public hearing will be held for a proposed development at 31 Elliott Street; that developer is looking for site plan review and a special permit to construct 20 single-family homes for the 55 and over community. Rounding out the evening is a 3rd public hearing for a proposed CVS store, to be constructed in Endicott Plaza at 139 Endicott Street. The meeting will be held at 7 pm in the Daniel J. Toomey Hearing Room at Town Hall.

Pictures Don’t Tell the Whole Story in Danvers

According to the Danvers Herald, a four-page full color mailing and neighborhood meetings did not smooth the path for the developer of Lebel’s Grove at the November 27th zoning change public hearing. The 291-unit senior housing complex drew an opposition crowd of about 50 to the Danvers Senior Center, where both citizens and Planning Board members questioned the impact of the Route 114 development and the related zoning amendment proposed by Attorney Nancy McCann. That amendment would create a new zone, Residential IIIB, allowing 6 multi-family units per acre. Comments centered on traffic, water shortages, density and possible impact on school population. The meeting, which was being taped for absent-due-to-illness Planning Board Member Ron Baser, adjourned without conclusion when the video tape ran out. The hearing will resume as part of the regular Planning Board agenda on Tuesday, December 11th.

Read the entire Danvers Herald article

Hamilton/Wenham Meeting to Discuss Transfer Taxes

The Government Affairs Committee just learned that there will be a meeting tonight, Tuesday, December 11th at 7:30 p.m, at the Buker Multipurpose Room, where Hamilton and Wenham Boards of Selectmen and representatives from the Finance Committees for each town will meet with community members to discuss, amongst other items, a new potential real estate transfer tax.

Realtors® oppose real estate transfer taxes as bad tax policy for the following reasons:

1. A community wide responsibility should be paid for by the entire community. Property taxes are inequitable and discriminatory as it would single out a small segment of the population, specifically home buyers and sellers, to pay for a community wide need.
2. Transfer taxes are exclusionary because it would increase the cost of home ownership and in effect create an additional barrier to entry for an already expensive part of the state. Further, the real estate market is highly sensitive to economic downtowns; therefore this tax would provide an unstable source of revenue.
3. The tax would subvert the voter approval process inherent in a Proposition 2½ override, in which voters can decide for themselves whether to increase their own property taxes.
4. The Legislature has already given all cities and towns many equitable tools to create affordable and workforce housing through passage of the Community Preservation Act, Chapter 40R, Chapter 40S and Chapter 40B. These tools are available for all communities to use.

You can find other Realtor® talking points from the Massachusetts Association of Realtors® website by clicking here.

NSAR highly encourages all Realtors® who live or work in Hamilton and Wenham to attend this meeting and voice your opposition to real estate transfer taxes.

Beverly Housing Coalition Staff Added for New Projects

According to the Beverly Citizen, the Beverly Affordable Housing Coalition has added a new program manager to help the organization take on its two largest projects yet — a new building of 43, single-room-occupancy units at the Mayflower Motel property on Cabot Street and several new below-market-rate apartments buildings in the Gloucester Crossing neighborhood.

The new staff, David Bresnahan, was working in New Orleans as director of special projects for a homeless housing collaborative that involved over 60 different agencies at the time Hurricane Katrina struck. Bresnahan’s addition doubled the size of the Beverly Affordable Housing Coalition; he is a graduate of the London School of Economic and Political Science with a degree in social policy and administration.

Read the entire Beverly Citizen article

Plans to Rebuild Danversport Marina Put on Hold

The Danvers Herald reported that a recent Liberty Marine plan to build a 41-foot building to replace two destroyed in the Danversport explosion last year, was put on hold due to demands for multiple fire lanes imposed by neighbors and the town.

The marina sits on one of the prettiest pieces of waterfront property, along the Waters River, which is deep and doesn’t suffer the silting and dredging problems of the other three rivers in town — the Danvers, Porter and Crane rivers.

The owner of the marina, Jim Cheever, testified at the September 10th Zoning Board of Appeals hearing that for the past 15 years, he and his wife have been good neighbors, serving 250 or more boaters each year in a safe manner and that there is and has been a 30-foot buffer zone between the marina and the Bates Street back yards.

The couple won ZBA approval for the new building to replace a former 39-foot 6-inch storage/office building destroyed in the explosion. The new building would have 12,600 square feet, slightly less than the former building. Its higher peak allowed for a fire sprinkler system, which the former building did not have. There were no plans to replace the second building immediately.

Read the entire Danvers Herald article

Ipswich Sign Bylaws Examined

The Ipswich Chronicle reports that members of an Ipswich ad-hoc Sign Bylaw Revision Committee met with Director of Planning, Glenn Gibbs, to to discuss concerns regarding regulations applying to signs on private property that are placed for public viewing. One purpose of the existing bylaw is to limit the clutter of uncontrolled signage.

"Much of it is in the business community, but not entirely," Gibbs said, explaining which areas of town would be addressed. The most common concern is that regulations are not as flexible as they could be, are too restrictive and are not as easy to understand as they could be, he said. Alternatively, Gibbs said, he has also heard concern that the regulations are not restrictive enough "I do think the bylaw is a little confusing as it's set up here," he said, and added there are a number of improvements that could be made.

Read the entire Ipswich Chronicle article

Middleton Officials Deciding on Developing Land

According to the Tri-Town Transcript, Middleton Selectman are looking into to developing recently acquired land near the intersection of East Street and Peabody Street, which used to be home to the Rubchinuk landfill. The land is currently being used as a soccer field. Once environmental permitting is complete, Middleton will receive a sum of money from the state for management of the site, part of which may be used to develop another soccer field as well as a baseball field on sections of the 32-acre land. The capped area of the landfill will not be developed on, according to Town Administrator Ira Singer.

Read the entire Tri-Town Transcript article

Danvers Tax Rate Increases for Residents

The Danvers Herald reported that residential tax rates will increase from 10.19 to 10.42%. According to a report by Chief Assessor Marlene Locke, average single-family homes have decreased in value by 6.5%, so individual’s property taxes should not change significantly.

Business rates will decrease from 1.42 to 1.36% and the commercial tax rate decreased from 16.74 to 16.03%. Unlike residential property values, commercial property values remained the same this year, said Locke.

Read the entire Danvers Herald article

Andover Residents Oppose 88-unit Affordable Housing Development

According to the Andover Townsman, Andover residents are contesting an 88-unit affordable-housing development proposal. The proposed development, known as Northfield Commons, would include 22 affordable units priced between $142,300 and $157,500, according to a Zoning Board of Appeals application filed by the Groton-based, 69 North St. LLC. It would be built in the northwest part of town, near the intersections of North and Webster streets.

With a little more than 345 feet of frontage on North and Webster streets, the Northfield Commons proposal would consist of a mix of single-family, duplex, triplex and garden-style units along with a village green area, open space and walking trails spread out over 14.2 acres, according to the zoning board application. Because Andover’s affordable housing stock is currently under 10% of the state guidelines − at 8.9% with 1,027 units − this proposal could be considered under Chapter 40B, which allows developers to circumvent local zoning rules to encourage development of affordable housing. Market-rate units at Northfield Commons would range from $325,000 to $600,000, according to the zoning board application.

The application for Northfield Commons will go before the town zoning board for the 3rd time on Dec. 6, 2007.

Read the entire Andover Townsman article

State Grant Helps Landowners Improve Wildlife Habitat

According to the Newburyport Current, Massachusetts Division of Fisheries and Wildlife is accepting grant applications through Dec. 21, from private landowners, sportsmen’s clubs, land trusts and nonprofit organizations interested in enhancing wildlife habitat on their properties. MassWildlife’s Landowner Incentive Program reimburses private landowners for up to 75% of the cost of managing land to improve habitat for declining wildlife species. The Newburyport Current reports that the Landowner Incentive Program has provided more than $2.1 million for 108 habitat improvement projects since the first round of grants in 2005.

This year’s grant round will give preference to proposed projects to maintain grasslands and create young tree and shrub land habitats. Funding for the Massachusetts program is allocated by the U.S. Fish and Wildlife Service under a nationwide Landowner Incentive Program. For information about the Landowner Incentive Program and the grant application and criteria, click here.

Read the entire Newburyport Current article

Amesbury Officials Compromise on 115 Split Tax Rate

The Newburyport Daily News reported that Municipal councilors and the mayor have struck a compromise to leave the town’s split tax rate as-is, with businesses paying a rate 15% higher than homeowners. The average homeowner’s bill will rise by 4% next year ($203). Commercial businesses will see their tax bills go up on average by 21% ($1,708). And industrial properties will see their bills go up on average 12% ($2,084) based on this year’s revaluation. The rate for homeowners is $14.59 per $1,000 of assessed value; for businesses it is $17.20.

The majority of the council had wanted to raise the rate on businesses to 20% more than what homeowners pay; Mayor Thatcher Kezer vetoed that and asked the council to reduce the difference to 10%. In 2006, Amesbury became the first community in the Greater Newburyport area to adopt a split tax rate for homeowners and businesses. Amid strong objections from the public and the mayor at the time — who vetoed last year’s tax rate as well — the Municipal Council adopted the tax rate of 115%.

Read the entire Newburyport Daily News article

120-Unit Affordable Apartment Complex to be Built Near NECC

The Eagle Tribune reported that in late winter/early spring, construction is expected to be underway for a 120-unit apartment complex neighboring Northern Essex Community College in Haverhill.

The North Essex Crossing complex, being built by developers, Stephen Stapinski of Merrimack Engineering Services and King Weinstein of King Real Estate in Haverhill, was originally approved in 2001 by the Zoning Board of Appeals, and will be built on Route 110, between Wannalancet Road and Airport Lane, less than a quarter-mile from Interstate 495, near Greenleaf Gardens landscaping center and Haverhill Crossings, an assisted-living complex that houses mostly elders.

The development calls for 90 market-rate apartments renting for about $1,500 per month and 30 affordable units that will cost about $950 per month. People with incomes no higher than 80% of the region's median income are eligible for the affordable units.

Read the entire Eagle Tribune article

Mix of Uses Proposed for Development off I-93 in Andover

The Andover Townsman reports that landowners are creating plans to develop 52 acres in Lowell Junction, off I-93 in Andover on the Tewksbury line. Proposed plans include a mixed-use building with retail and office space, residential development, and the potential for a 370-room hotel. An MBTA commuter rail abuts the property.

According to the article, “Planning Board Chairman Paul Salafia told [developer] RJ Kelly Co. representatives that protecting the downtown and its businesses would be a priority as the plans to build a new I-93 interchange between Dascomb Road and Route 125 develop. The land would be opened to development by the proposed new ramps off I-93.”

Read the entire Andover Townsman article

Water Rate Increases in Georgetown

The Georgetown Record reported the Georgetown Water Department has increased the water bill rate by $15/quarter, or $60/year. The increase will bring in approximately $160,000 in extra revenue for the Water Department (around $420,000 annually) and was deemed necessary to provide the town’s basic needs, including funding capital improvements and meeting rising supply and fuel costs. Additionally, according to Water Superintendent Glenn Smith, the department is still paying for its water treatment plant built in 2000, along with a new water main installed last year.

Read the entire Georgetown Record article

Moseley Property in West Newbury Receives $285,600 Grant from State

According to the Newburyport Current, the Commonwealth of Massachusetts Energy and Environmental Affairs’ Self-Help Program has recently funded $8 million in grants to 23 communities to conserve 1,405 acres of land.

West Newbury’s Mosely Property, an extension of the 800-plus acre Mosely property in Newburyport that forms Moseley Woods and Maudslay State Park, received $285,600 to protect 22.2 acres, including an open field and frontage on Indian Hill Road.

According to the article:

Since 1961, Energy and Environmental Affairs’ Self-Help Program has helped cities and towns acquire land for conservation and outdoor recreation such as hiking, wildlife watching, fishing, hunting, and cross-country skiing. To qualify for grants, communities must supply local matching funds, and the protected open space must be open to the public… This year’s grant round includes approximately $6.2 million in state funding and $1.7 million from the federal Land & Water Conservation Fund, which EEA’s Division of Conservation Services administers for the Commonwealth.

For more information on the Massachusetts Executive Office of Energy and Environment Affairs, Self-Help Program, click here.

Read the entire Newburyport Current article

State Approves $1.2 million Boardwalk in Haverhill

According to the Eagle Tribune, the state has approved a $1.2 million Boardwalk in downtown Haverhill, which is designed to be a Newburyport-style Riverwalk boardwalk, with a 300-foot walkway, extending from behind The Tap to the new Franchi condominium building at 66 Washington Street. The project also includes renovating the old city boardwalk behind Haverhill Bank on Merrimack Street, about a quarter of a mile from The Tap.

Revitalizing the downtown Haverhill business section and attracting tourism have been perennial goals of Haverhill’s newly re-elected mayor, James Fiorentini, the Greater Haverhill Chamber of Commerce and the resident-led Team Haverhill.

Click here to read the entire Eagle Tribune article, featuring the Mayor’s detailed plans for downtown Haverhill.

New Traffic Signal in Middleton Improves Traffic

The Tri-Town Transcript reports that a new traffic light at Forest Street and North Main Street in Middleton has improved traffic. The signal is part of the State’s renovations to the town’s main throughway, Route 114.

Read the entire Tri-Town Transcript article

Verizon Pitches Danvers for TV License

The Danvers Herald reports that Verizon is seeking to be the 2nd cable TV in Danvers. Currently Comcast is the only company licensed by the Town to provide cable services; without a license, Verizon cannot provide the service. Verizon would offer fiber optic lines, or FIOS, and it could package TV service with Internet and telephone.

Amongst the concerns of the Town Selectmen are to be sure any license holder provided the service to every person in town, not just to those living in the more congested areas; that every public building and school had the service; and that a percentage of the fee went to the local community access TV (DCAT).

Read the entire Danvers Herald article

Beverly seeks bids on Beverly Airport lot

The Beverly Citizen reports the city of Beverly is looking for bids to develop a 3-acre lot adjacent to the Beverly Airport. Proposals can be turned in at City Hall; the deadline for proposed bids are December 28th. According to the article, “possible development of the land − which would either be sold or leased − could include light manufacturing, office space or industrial uses. A special permit could allow other uses such as a hotel. The property is a triangularly shaped parcel on the northwestern corner of LP Henderson Road and Sam Fonzo Drive.”

The Airport Commission declared the land surplus in February 2005. Later that year, after some debate, the City Council voted 8-1 to also approve it as surplus. The City of Beverly also put the property out for bid last year but failed to receive any response.

Read the entire Beverly Citizen article

Topsfield Property Owner to Convert House into Commercial Property

The Tri-Town Transcript reports that owner of this Central Street residence in Topsfield, is looking to convert the home into office or retail use. The Topsfield Zoning Board of Appeals are concerned about the location of a handicap ramp and parking. Currently, the applicant(s) have not decided what type of business is intended for the property. The next Zoning Board of Appeals meeting is scheduled for November 27th.

Read the entire Tri-Town Transcript article. Photo and article by Brendan Lewis, who can be reached at BLewis@cnc.com.

Gloucester Unlikely to Subsidize Sewer Betterments

The Walker Creek, Little River and Jones River neighborhoods in Gloucester are all notorious for failed septic systems near estuaries of the Annisquam River. According to the Gloucester Daily Times:

“A City Council committee working with representatives of Mayor John Bell has drafted an ordinance that makes it highly unlikely the city will help subsidize betterments in future sewer expansions, as it has since the 1980s. A public hearing on the draft ordinance was tentatively scheduled for Dec.11. The draft replaces a simple repeal proposal that had been expected fortwo years…. Two years ago, the mayor's Sewer Task Force identified those areas as needing to be brought onto the municipal sewer system. But unless the projects to bring them on are mandated by a state or federal order, they would not qualify under the draft ordinance for the same betterment subsidy that other sections of the city received.”

The article reports that according to the Sewer Task Force, there are about 300 homes along Walker Creek. Without the subsidy, the projected betterment bill to each in 2005 was estimated at $40,000.

Read the entire Gloucester Daily Times article

Old Salem Evening News Building Demolished

The Salem News reported that on November 8th, the old Salem Evening News building was demolished in favor of downtown condominiums, apartments and shops. It had been empty the last few years and was beginning to become an eye-sore in an otherwise thriving downtown Salem. Somerville-based developer RCG, which bought the site in the summer for $2.4 million, plans to build 31 residences and finish construction in 2009.

Read the entire Salem News article

Middleton Company Makes-Over Rundown Land

The Tri-Town Transcript reported that BWK Construction, a Middleton business, has recently finished its expansion move, and in the process transformed two rundown parcels of land with “a number of decrepit shacks” on North Main Street into a charming yellow office building at 171 North Main Street.

Read the entire Tri-Town Transcript article

Danvers Plans for Plains Railroad Station on Hold

The Danvers Herald reported plans in Danvers to move the Plains Railroad Station are currently on hold; Salem Five Bank has now decided not to give the necessary land to the Danvers Preservation Fund, Inc.

Read the entire Danvers Herald article

Topsfield’s Tax Rate on the Rise

According to the Tri-Town Transcript, Topsfield is submitting an increased tax rate to the state; $12.02 per $1000 of assessed property − a 3.9% increase from fiscal 2007’s rate of $11.57 per $1000 of assessed property. The average single-family home in Topsfield is assessed at $583,000. Therefore, the average single-family tax bill would rise from $6,745 to $7,007, a $262 increase on their tax bill from last year. Residential properties in Topsfield make up almost 93% of the tax base in the town.

Read the entire Tri-Town Transcript article

Gloucester to Re-do $200,000 Crosswalk

According to the Gloucester Times, last year’s $200,000 modification of the crosswalks at Grant Circle in Gloucester is being modified. The state Highway Department has shifted the crossing of the northbound lane back to where it was until last spring − at the edge of the circle itself. MassHighway spokesman Erik Abell said the reconfiguration should be finished by the end of the year and cost about $100,000.

Read the entire Gloucester Times article

Federal Street Houses to be Moved in Salem

According to the Salem News, the State has accepted proposals to move 3 historic homes on Federal Street in Salem, which puts the town one step closer to building the proposed $106 million J. Michael Ruane Judicial Center.

Read the entire Salem News article

Merrimack River Dredging Project Survives Presidential Veto

The Eagle Tribune reported recently that the U.S House of Representatives overrode President Bush’s veto for the Water Resources Development Act of 2007, which would allow the Army Corps of Engineers to study the possibility of dredging the Merrimack River from Newburyport to Haverhill, a 16-mile stretch.

According to the article, “Newly elected U.S. Congresswoman Niki Tsongas, D-Lowell, was among the lawmakers to cast an override vote. Tsongas said the dredging is important to Haverhill's downtown renaissance − deeper waters would allow larger boats to dock in Haverhill, bringing in more visitors to shop and eat downtown.”

Read the entire Eagle Tribune article. Photo courtesy of Greater Haverhill Chamber of Commerce

National Mortgage Broker Licensing System

According to the Boston Globe Real Estate Blog, Massachusetts is joining 6 other states in implementing a nationwide registry that will provide a uniform licensing system for mortgage brokers, lenders and loan officers.

The Nationwide Mortgage Licensing System is set to debut January 2, 2008, and nearly 40 state agencies have so far committed to participating in the registry. The new system is intended to streamline licensing for registrants, improve supervision of mortgage professionals and give regulators another tool to fight fraud.

Read the entire Boston Globe Real Estate Blog post

November 9, 2007 Legislative Breakfast

On Friday, November 9th, NSAR sponsored its 4th Legislative Breakfast in 2007, attended by State Senator Steven Baddour (D-1st Essex) and State Representative Harriett Stanley (D-2nd Essex).

The Breakfast was held at ABC Home Inspections, Inc. and ABC Real Estate Training Institute in Haverhill; NSAR would like to thank Affiliate Member Andy Consoli for allowing us to use his conference room and facilities (seen here).

MAR Associate Counsel, Margy Grant, presented the five legislative topics on the agenda and gave the legislators the Realtor® position on each issue. These issues included:

1. Transfer Taxes. Realtors® oppose real estate transfer taxes as bad tax policy for several reasons including: a community wide responsibility should be paid for by the entire community; a transfer tax is inequitable and discriminatory as it singles out a small segment of the population [specifically home buyers & sellers] to pay for a community wide need; a transfer tax is exclusionary because it would increase the cost of home ownership; a transfer tax would be an unstable source of revenue due to the instability of the real estate market; a transfer tax would subvert the Proposition 2 ½ override process; the state legislature has already given cities and towns many equitable tools to create affordable and workforce housing through passage of Community Preservation Act, Chapter 40B, and Chapter 40R and 40S.

2. An Act Protecting Children from Poisoning. Proposed legislation SB. 1230 would (a) require lead inspections on all sales of property, instead of at the buyer’s option; (b) require owners and sellers of property to abate lead in soil and tap water; and (c) require letters of compliance for rental units to be renewed every two years, regardless of whether children reside in the unit, or whenever there is a change in occupancy, if that is earlier.

3. An Act Providing Information to Real Estate Buyers. Proposed legislation H. 323, S. 201 is a little unclear but seems to suggest that a homeowner would be expected to review the databases of nearly a dozen different governmental agencies and then create some type of report or hire and pay someone to do it for them. It is not clear how many millions of dollars this could cost Massachusetts homeowners every year or that buyers and sellers could review this data and provide an accurate assessment of what implications, if any, information on one of these databases would have on a home.

4. An Act Relative to the Disclosure of Wetlands on Property. Proposed legislation H. 767 seeks to require that a real estate broker disclose to prospective buyers that a property to be sold may be in its entirety, or in part a wetland as defined in Chapter 131 of the General Laws of or any other regulation or local by-law of the municipality where the property is located. It is the Realtor® position that however well intentioned this proposal may be, it would create an impossible standard for real estate licensees to meet and generate confusion for consumers.

5. An Act Relative to Smart Growth Housing Trust Fund (S. 132) and An Act Relative to Financing the Smart Growth Housing Trust (H. 160). Realtors® support both these bills, as it would create a steady stream of revenue to support the continued success of 40R Smart Growth districts.

Route 128 Noise Barriers in Danvers Planned

The Danvers Herald reports that discussions of noise barriers along Route 128 in Danvers, spanning the area between the High Street and Elliot Street exchanges, have progressed to the point of addressing what types of appearances residents prefer, as plans to improve the safety of the highway are set in motion.

The noise barriers are a component of a much bigger venture − the Route 128 Safety Improvement Project, a two-phase plan expected to cost the state a total of $65 million and span approximately five years, with construction likely to begin in 2009. The noise barriers constitute just over $5 million dollars.

Read the entire Danvers Herald article

Restriction in Andover Could Preserve 50 Acres of Open Space Forever

The Andover Townsman reported that a breathtaking 50 acres of open space between Routes 133 and 28, owned by family of William Wood, the mastermind behind Shawsheen Village, could be preserved in perpetuity.

There is a legally binding proposal between the Wood family and The Trustees of Reservations, a Massachusetts charitable corporation, which must be approved by Andover’s Conservation Commission, Board of Selectmen and the state’s Executive Office of Energy and Environmental Affairs. According to the article, the conservation restriction is expected to help preserve the historic character of Shawsheen Square while also preventing an increase in flooding from the Shawsheen River.

Read the entire Andover Townsman article

Newburyport Looks for $450,000 for Harborwalk

The Newburyport Daily Times reported that Newburyport officials are hoping to get $450,000 from the Seaport Advisory Council to fund the connection of a trail from Cashman Park, underneath Route 1, to the so-called Waterfront West − the area between the Black Cow restaurant and Michael's Harborside. That connection will, in turn, link the commuter rail station to the downtown district.

Read the entire Newburyport Daily Times article

Affordable Housing in North Essex County

According to the Newburyport Daily News, here is breakdown of affordable housing percentages in many of the Northern Essex County communities:

Amesbury 11.1%
Georgetown 13.9%
Groveland 3.5%
Merrimac 6.5%
Newbury 3.6%
Newburyport 8.4%
Rowley 4.4%
Salisbury 8.3%
West Newbury 1.8%

SOURCE: State Department of Housing and Community Development

Chapter 40B Under Attack

The Newburyport Daily News reported that in addition to Topsfield and Hamilton, Salisbury and several other Cape Ann cities and towns are joining in the fight against Chapter 40B, the state’s “anti-snob” zoning law that requires communities to have at least 10% of their housing stock at affordable prices, and allows developers to bypass local building restrictions if the project includes 20-25% affordable units in those communities that don’t meet the threshold.

According to the article, Salisbury Town Manager Neil Harrington, Selectman Jerry Klima and about 50 other officials from across the state attended a recent seminar organized by the Municipal Coalition for Affordable Housing, whose mission is to put towns and cities in control of how affordable housing is developed in their communities, instead of following the Commonwealth’s Chapter 40B housing law.

Also, separately there is a group called The Coalition for the Repeal of 40B, which is trying to collect about 66,000 signatures to get a repeal proposal on next year’s statewide ballot. Salisbury officials don’t want to go that far. The Coalition for the Repeal of 40B is reportedly about halfway to its goal.

Read the entire Newburyport Daily News article

Community Preservation Act to be Voted on in Salem Today

The Salem News reports that voters in Salem today will vote on a ballot question for the Community Preservation Act, which, if passed, would add a 1% surcharge to local property taxes to be spent for affordable housing, recreation, historical preservation and open space.

Read the entire Salem News article

Affordable Housing in the North Shore

According to the Salem News, here is a breakdown of affordable housing percentages in many of the North Shore Communities:

Beverly 11.5%
Boxford 0.7%
Danvers 10.4%
Hamilton 3.3%
Ipswich 8.2%
Manchester 4.7%
Marblehead 3.8%
Middleton 4.2%
Peabody 10.4%
Salem 13.2%
Swampscott 3.6%
Topsfield 5.4%
Wenham 8.9%

Read the entire Salem News article

Topsfield, Hamilton to Battle Chapter 40B

The Salem News reports that Selectmen in Topsfield and Hamilton have joined a group called the Municipal Coalition for Affordable Housing, which is asking the State Legislature to make changes in Chapter 40B.

Chapter 40B requires that communities develop 10% of their housing as affordable to people who make 80% or less than the median income locally. In Essex County, the income limits range from $46,300 for a single person to $66,150 for a family of four. If communities fail to meet the 10% threshold, developers can use Chapter 40B to circumvent local zoning regulations, such as lot size, housing density and proximity to wetlands, so long as they make 25% of the units in a development affordable.

According to the article, not one of the smaller towns in the North Shore has reached the 10% goal. In Hamilton, for example, the number is 3.3%; Topsfield is 5.4%. The Coalition aiming to change the law is made up of 31 communities, nearly all of them small and most of them affluent.

Read the entire Salem News Article

Beverly to Spend $630,000 on Town Improvements

According to Salem News, city officials in Beverly plan on spending $630,000 to (1) pave part of Rantoul Street, (2) buy a new street sweeper and two trucks, (3) and improve the look of downtown Beverly.

Read the entire Salem News article

Manchester-by-the-Sea Meeting on Chapter 40B Condos

The Gloucester Daily Times reported that the developer of a 40-unit condominium project on Summer Street in Manchester-by-the-Sea held a meeting with neighbors to address concerns about the pending project. The Manchester Zoning Board of Appeals asked the developer, Coolidge Commons LLC, to schedule the meeting after it began hearing the application for a comprehensive permit under the state’s Chapter 40B affordable-housing laws to build a $19.7 million condo complex at 601 Summer Street.

The developer is planning to place 24 smaller condo units in a "garden-style" building near Summer Street and another 16 units in four townhouse-style buildings spread over the 14-acre property. The non-affordable-housing units are planned to be listed for an average of $683,000; 10 affordable units will sell for less than $200,000 in order to meet state affordable housing standards.

Read the entire Gloucester Daily Times article

Underground Gas Station Tanks Approved in Merrimac

The Newburyport Daily News reported that Merrimac Selectman recently approved an underground storage tank license requested by Broad Lancaster LLC for their proposed gas station at 32-34 Broad Street. The site was originally to be a convenience store, gas station and car wash, but last month, the town Selectmen approved a beer and wine license for the convenience store.

Read the entire Newburyport Daily News article

Thompkins Building Plans Tentatively Approved

The Danvers Herald reports that the Danvers Planning Board tentatively approved renovation plans for the former Tompkins Company building at 49 Maple Street in Danvers.

The approved site plan for the building, which contains an extensive list of stipulations, would renovate it into a 2-story modern looking complex of 10,680 square feet of leasable space − the first floor designated for retail use, including the potential for restaurants, and the second floor for professional office space.

Read the entire Danvers Herald article

Boxford, North Andover Group Fight Booster Station

According to the Salem News, a group of Boxford and North Andover residents, Citizens Against Proposed Boxford Gas Compressor Station, will be fighting a proposed natural gas pipeline booster station on land bordering North Andover and Haverhill.

According the group’s website, “Algonquin Gas Transmission, LLC is proposing a 15,000 HP Compressor Station addition to the current natural gas pipeline that would be located in Boxford adjacent to the Far Corner Golf Course. This proposed location is near the North Andover and Haverhill borders. The site is not far from dozens of homes as well as Brooks School. This project has immense potential to negatively impact our communities.”

Read the entire Salem News article

Danvers Board denies Chapter 40B Permit for 71 Condos

The Salem News reports that the Danvers Board of Appeals denied a permit for developer Michael Demerjian to build 71 condominiums off Route 114.

Demerjian’s designs were to build on 10 acres at the former site of Natalie's restaurant and the Rio Grande Café. The project was to be built under the State’s Chapter 40B permitting regulation, a state law that allows developers to bypass most local zoning regulations if they set aside a portion of their project for affordable housing.

The development would have added 18 affordable units priced at $157,700.

Read the entire Salem News article

What’s next for FHA loans?

According to the National Association of Realtors® website, here is the Realtor® position on Federal Housing Administration (FHA) loans:

“NAR is a strong supporter of the single- and multi-family programs administered by the Federal Housing Administration (FHA). However, FHA’s market share has diminished considerably threatening its ability to serve its public purposes. NAR is working with the Department of Housing and Urban Development (HUD) to modernize FHA to enhance its effectiveness in today’s mortgage marketplace.”

Click here for a Legislative/Regulatory status on FHA.

Chapter 40R Smart Growth Districting

As an organization, Realtors® support “Smart Growth” special zoning overlay districts under the Commonwealth’s Chapter 40R provisions.

According to the Massachusetts Association of Realtors®, as of October 14, 2007, approximately 19 communities in Massachusetts have enacted or were in the process of establishing Chapter 40R overlay districts, which provide financial rewards to communities that adopt special zoning districts allowing as-of-right high density residential development.

Here are several summaries/literature on Chapter 40R Smart Growth Districting:

• Department of Housing and Community Development (DHCD)
• Metropolitan Area Planning Council (MAPC)
• MAR Quality of Life brochure

You can read about NSAR's post regarding Haverhill's Smart Growth districting here.

Next Legislative Breakfast: Friday, November 9, 2007, 8:30am

The next North Shore Association of Realtors® Legislative Breakfast will be held on Friday, November 9, 2007, from 8:30am to 10:00am. All NSAR members who live in Amesbury, Georgetown, Groveland, Haverhill, Merrimac, Newburyport, North Andover, and/or West Newbury are encouraged to attend.

Topics will likely include:

1. Transfer Taxes.
2. An Act Protecting Children from Poisoning (SB. 1230)
3. An Act Providing Information to Real Estate Buyers. (H. 323, S. 201)
4. An Act Relative to the Disclosure of Wetlands on Property. (H. 767)
5. An Act Relative to Smart Growth Housing Trust Fund (S. 132) and An Act Relative to Financing the Smart Growth Housing Trust (H. 160).

Sign up today using this form, by calling 978-232-9410, or by emailing Jeff@NorthShoreRealtors.com!

Please note: this Legislative Breakfast will be at ABC Real Estate Training Institute, 21 Wingate Street in Haverhill.

For directions, click here.

Danvers Planning Board to Examine Industrial Zone Activities

The Danvers Herald reported on September 27, 2007 that the Danvers Planning Board will use an internet-based survey tool, known as Survey Monkey, to obtain public input regarding the types of activities which should be allowed in Industrial-1 zones. The Board, which plans to pursue a “dual” process by analyzing and recommending use and dimension changes to the existing I-1 zone guidelines and using overlay districts to encourage new uses which would be more acceptable in residential areas, has not decided if they will limit the survey to the Danversport and upper Danvers Square areas or extend it to I-1 areas throughout the town.

Industrial 1 is the most lenient of all zones, and includes the area off Water Street in which the CAI and Arnel plants were located. It is believed that these factories were the source of a massive explosion last November, which destroyed many Danversport homes and businesses.

The Board plans to provide more information regarding the survey in an upcoming edition of the Electric Division’s monthly newsletter, which is mailed to every household and business.

Salem to Receive $474,000 for City Park

The Salem News reports that Salem will receive a $474,000 state grant to turn a blighted lot behind Wendy’s restaurant on Lafayette Street into an urban park.

The new park, which will be on Peabody Street, a former brownfield’s site on the edge of downtown, will include playground equipment, plans for a gazebo that could be used for a meeting place and game tables for cards and dominoes, and may also include a mural that would record the history of the neighborhood, which has long been a home for new immigrants.

Read the entire Salem News article

Andover Town Yard Search Site Narrows

The Andover Townsman reported that an Andover 6-member Town Yard Task Force is close to completing its search for a new public Town Yard, currently on Lewis Street.

The 3 sites are: Town of Andover-owned land adjacent to West Fire Station; a state-operated parcel on Prospect Road near Route 125; and a town-owned property formerly operated by the Reichhold Chemical Co. in southern Andover.

Read the Andover Townsman article

Senior Housing One Step Closer in Danvers

On September 27, 2007, the Danvers Herald http://www.danversherald.com reported that an over-55 housing development is one step closing to construction, after the Danvers Zoning Board of Appeals approved the zoning relief needed for the Thomson Companies to build 20 new single-family homes off Elliott Street, along the Porter River. According to the September 27, 2007 edition of the Danvers Herald, the ZBA will allow construction of multiple structures on a single lot with only 87 feet of frontage. The 2,000-2,400 square foot homes, which will be priced at about $500,000.00, will have a “condominium ownership arrangement”. Attorney Nancy McCann said that the development “is a unique project for Danvers”, providing an alternative to apartment-style condominium housing, and reminded readers that “over 1/3 of the population of Danvers is over 55.”

The developers will provide access to 3½ acres of green space at the end of the proposed cul-de-sac, including 2 parking spaces in a gravel lot and walking trails, all to be maintained by the condominium association. The project still requires approval by the Danvers Conservation Commission.

HUD Prohibits Certain Downpayment Assistance

The United States Department of Housing and Urban Development (“HUD”) published a final rule on Standards for Mortgagor’s Investment in Mortgaged Property on October 1, 2007. Beginning October 31, 2007, a prohibited source of downpayment assistant will be any payment that consists, in whole or in part. of funds provided to the Buyer by the Seller or any other institution that financially benefits from the transaction.

The National Association of Realtors® supported this rule and submitted to testimony on July 17, 2007. This rule will prohibit certain non-profits from collecting contributions from property Sellers, taking a fee, and then giving the remaining money to Buyers to purchase the property. NAR’s position was that these “seller-funded” downpayment programs were resulting in home price inflation and increased the risk for mortgage payment delinquency and foreclores.

NAR does continue to supports many other downpayment assistance programs to help Buyers purchase a home, including assistance from family members, the Buyer’s employer, state or local governments, and charitable organizations that do not involve a party with a financial interest in the transaction.

Danvers Building Permits, October 1−22

The Danvers Herald posted a list of all the Building Permits issued by the Town of Danvers from October 1st to October 22nd.

Click here to link to the article

October 24, 2007 Legislative Breakfast

On October 24, 2007, NSAR hosted its third Legislative Breakfast in 2007. The event was attended by State Representative Anthony Verga (D-5th Essex), Representative Brad Hill (R-4th Essex), and Dan Pawson, Legislative Director for Senator Bruce Tarr (R-1st Essex & Middlesex).

MAR Associate Counsel Margy Grant presented the Realtor® position on the following topics:

1. New proposed Transfer Taxes (S. 1776; S. 1773; H. 3959)
2. New proposed Lead Paint law (SB. 1230)
3. New proposed mandatory Seller’s disclosure in connection with environmental issues (H. 323, S. 201)
4. New proposed mandatory disclosures for real estate licensees in connection with Wetlands (H. 767)
5. Smart Growth funding for Chapter 40R (S. 132, H. 160)

NSAR and the Government Affairs Committee extends a sincere appreciate to the legislators who participated and to all those that attended.

$30 million Renaissance Golf Club to Stay in Haverhill

The Eagle Tribune reports that Haverhill’s Renaissance Golf Club, once in potential danger of not being finished, is definitely going to stay. Renaissance is Haverhill’s fifth 18-hole golf course − the others being Bradford Country Club, Haverhill Country Club, Crystal Springs Golf Course and Far Corners. The city also has the smaller 9-hole Murphy's Garrison Par 3.

Investors will be building a massive $9,800 square foot clubhouse, which will feature a grill, top-floor lounge, Great Room, fitness center, locker rooms for men and women, executive offices and a massage room. The Renaissance course sprawls across 197 acres in the rural Kenoza Street neighborhood in eastern Haverhill.

Read the Eagle Tribune article

Rockport Historic District Commission Hearing Tonight

The Gloucester Daily Times reported that the Rockport Historic District Commission will hold a public hearing at 6:30 tonight, October 25, 2007, inside the Peggy Brenner Room of the library, 17 School Street in Rockport.

Read the Gloucester Daily Times article

Indian Hill Plan wins West Newbury Approval

The Daily News reported on October 24, 2007 that voters at a Special Town Meeting in West Newbury decided to provide $510,000 to support a public/private partnership with Essex County Greenbelt and the Mosley family in order to preserve the views, vistas and wildlife of Indian Hill, one of West Newbury's 7 major hills.

Town officials are expecting to learn by November 1, 2007 whether the town will receive a pending self-help grant which could potentially reduce the community’s responsibility to $112,000 for the property, with additional funding needed to create off-street parking for this land.

Read the Daily News article

Affordable Housing available at Riverside Place in Haverhill

The Eagle Tribune reported on October 23, 2007 that 3 affordable housing condominium units will soon be made available for sale at Riverside Place on Washington Place in Haverhill.

The condominium units will be selling for $181,395 under the city’s affordable housing ordinance, which requires all new housing developments that need special permit approval to set aside at least 10% of the housing for low- to moderate-income buyers.

The properties are being made available by Community Action in Haverhill.

Read the Eagle Tribune article

North River Apartments in Salem advances

According to the Salem News, the Salem Board of Appeals approved the North River Apartments, a large apartment complex proposed along the North River.

The Board cleared a major hurdle for the project last week when it voted unanimously to grant variances for Riverview Place, a residential and commercial project planned on the site of the Salem Suede and Bonfanti leather factories. The variances will allow the developer to build more apartments than zoning allows and to put the buildings closer to nearby residences than current regulations permit.

Read the Salem News article

Officials to Dedicate Birch Plains Park in Beverly

The Salem News reported that on October 25, 2007 Mayor Bill Scanlon, Jan Schlichtmann of the Wenham Lake Watershed Association, and other officials will be dedicating Birch Plains Park, a new park next to Beverly Airport which has been open for a couple of weeks.

Read the Salem News article

Voters Reject Affordable Housing in Boxford

The Salem News reported that Boxford voters at a Special Town Meeting on October 23, 2007 rejected a move to create an Affordable housing Trust Fund.

Read the Salem News article

Newburyport Group Unveils Waterfront Plan

The Daily News reported that the Newburyport Redevelopment Authority officials intends on offering its plans for Newburyport’s central waterfront area at the October 24, 2007 town meeting. The “interactive” meeting at City Hall was designed to give residents an opportunity to input into their ideas on the future of the Waterfrong parks and parking lots.

Read the Daily News article.

Haverhill Downtown Housing Planned or Underway

Here’s a list of recent/current housing construction/conversion in downtown Haverhill, according to the Eagle Tribune:

Beacon Companies: The Cordovan at Haverhill Station, 146 apartments at 16 Walnut St.

Beacon Companies: Haverhill Lofts, 32 artist loft apartments at 25 Locust St.

Forest City Enterprises: Convert the Stoller Building, 113 Essex St. (former Hamel Leather Co. factory) into 243 one- and two-bedroom apartments. Convert Lagasse Building at 10 Duncan St. to 60 apartments.

Franchi Management Inc.: Built Riverside Place, 53 condos at 66 Washington St.

Friends Landing proposal: Developer Frank Franzone of Engineered Concrete Products in Haverhill wants to build a 60-unit condominium complex at 85 Water St., former site of Friend's Landing lounge.

D&D Realty Trust: Three condos at Washington Street, near the Comeau Bridge by Richard Early Jr.

Lotus Realty of Portsmouth: 61 condos at 98-108 Essex Street, next to Smith’s Tavern.

Old factory on Granite Street: 57 apartments at the Charles Hayes Building, 14-36 Granite St. Affiliated with the Boston Archdiocese.

Merrimack Towers: Developer Steve Doherty plans 136 condominiums for 31-35 Railroad Ave., the old Ornsteen Shoe factory on the Bradford side of Merrimack River.

Total: 851 units

Read the Eagle Tribune article

Haverhill Downtown Condo Developer to Remove Falling Windows

The Eagle Tribune reported that a downtown Haverhill condominium developer will be removing windows due to them falling off the building and onto the street, posing a significant safety risk to Haverhill residents and visitors.

Following an inspection by City Officials, Developers Angela and Sean Chen of Lotus Realty of Portsmouth, who plan to convert an old factory at 98-108 Essex Street into sixty-one condominiums, agreed to remove the windows immediately. This factory is next to Smith’s Tavern.

The Eagle Tribune reported that the Chens will be removing as many as 300 of the old windows from the building. The condominium project is currently old on due to the current real estate market, but the developers plan on completing the conversion.

Read the Eagle Tribune Article

Haverhill, Neighbors fight Proposed 40B Project

The Eagle Tribute reported that developer Brian Donahue, of Donahue Builders in Tewksbury, plans to ask the Commonwealth to approve a 32-unit condominium complex under the state’s Affordable Housing law, Chapter 40B.

The development would be built off Route 97 in the Western part of the City. Chapter 40B allows developers to circumvent local zoning rules in exchange for building housing with at least 25% affordable units in communities with less than 10% of affordable housing stock. According to the Tribune, Haverhill has more affordable housing than most of its surrounding communities, however the stock is currently about 9.5%, which is not enough to block a Chapter 40B proposal.

Mayor James Fiorentini is promising to fight Donahue’s proposal if it comes before the City.

Read the entire article.

Downtown Parking: Parking vs. Loading Zone

For the past 25-30 years, Horsch Aluminum Products, located on River Street, west of the Washington Street commuter rail bridge, has been using a loading zone about 60 feet long for company vehicles and for its loading zone for pickups and deliveries.

The Eagle Tribune reports that the Haverhill City Counsel plans to submit an ordinance designed to eliminate the exclusive right to the public curbing, and limit the loading zone to a couple of hours a day on particular days of the week.

The remainder of the time would be used to accommodate the hundreds of residents of new apartments and condominiums along River Street and in downtown Haverhill.

Read the entire article.

Parking Ban Proposed Near Merrimack Valley Hospital

According to the Eagle Tribute, the City of Haverhill is considering banning parking on both sides of Katsaros Drive, a short side street near Merrimack Valley Hospital (formerly Hale Hospital). Katsaros Drive is about 200 yards long and runs between Groveland and Brown streets.

According to City Councilor David Hall, the parking is a safety issue because the cars are near the hospital's helicopter pad.

Read the entire article.

Next Legislative Breakfast: Wednesday, October 24, 2007, 8:30am

The next North Shore Association of Realtors® Legislative Breakfast will be held on Wednesday, October 24, 2007, from 8:30am to 10:00am. All NSAR members who live in Boxford, Essex, Gloucester, Hamilton, Ipswich, Manchester, Newbury, Rockport, Rowley, Wenham, Byfield, and/or Middleton are encouraged to attend.

Topics will likely include:

1. Transfer Taxes.
2. An Act Protecting Children from Poisoning (SB. 1230)
3. An Act Providing Information to Real Estate Buyers. (H. 323, S. 201)
4. An Act Relative to the Disclosure of Wetlands on Property. (H. 767)
5. An Act Relative to Smart Growth Housing Trust Fund (S. 132) and An Act Relative to Financing the Smart Growth Housing Trust (H. 160).

Sign up today using this form, by calling 978-232-9410, or by emailing Jeff@NorthShoreRealtors.com!

The Legislative Breakfast will be at the NSAR office at 398 Essex Street in Beverly. For directions, visit our website by clicking here.

October 4, 2007 Legislative Breakfast

On October 4, 2007, NSAR hosted its second Legislative Breakfast in 2007. The event was attended by State Representative Doug Petersen (D-8th Essex), Tom Damario, Aide to Representative Robert Fennell (D-10th Essex), and Josh Harold, Aide to Representative Steven Walsh (D-11th Essex).

State Senate was in session, so unfortunately Senator Thomas M. McGee (D-3rd Essex & Middlesex) and Senator Richard R. Tisei (R-Middlesex & Essex) were unable to attend.

MAR Associate Counsel Margy Grant presented the Realtor® position on the following topics:

1. New proposed Transfer Taxes (S. 1776; S. 1773; H. 3959)
2. New proposed Lead Paint law (SB. 1230)
3. New proposed mandatory Seller’s disclosure in connection with environmental issues (H. 323, S. 201)
4. New proposed mandatory disclosures for real estate licensees in connection with Wetlands (H. 767)
5. Smart Growth funding for Chapter 40R (S. 132, H. 160)

NSAR and the Government Affairs Committee extends a sincere appreciate to the legislators who participated and to all those that attended.

Next Legislative Breakfast: Thursday, October 4, 2007, 8:30am

The next North Shore Association of Realtors® Legislative Breakfast will be held on Thursday, October 4, 2007, from 8:30am to 10:00am. All NSAR members who live in Lynn, Saugus, Lynnfield, Marblehead, Swampscott, and/or Nahant are encouraged to attend.

Topics will likely include:

1. Transfer Taxes.
2. An Act Protecting Children from Poisoning (SB. 1230)
3. An Act Providing Information to Real Estate Buyers. (H. 323, S. 201)
4. An Act Relative to the Disclosure of Wetlands on Property. (H. 767)
5. An Act Relative to Smart Growth Housing Trust Fund (S. 132) and An Act Relative to Financing the Smart Growth Housing Trust (H. 160).

Click here to registry of get more information.

September 20, 2007 Legislative Breakfast

This morning, NSAR sponsored its first Legislative Breakfast in 2007, attending by State Representative Theodore Speliotis (D-13th Essex), State Representative Joyce Spiliotis (D-12th Essex), Representative John Keenan (D-7th Essex), and Beth Murray, Aide to Senator Frederick Berry.

MAR General Counsel and Government Affairs Director, Steve Ryan, presented the five legislative topics on the agenda and gave the legislators the Realtor® position on each issue.

These issues included:

1. Transfer Taxes. Realtors® oppose real estate transfer taxes as bad tax policy for several reasons including: a community wide responsibility should be paid for by the entire community; a transfer tax is inequitable and discriminatory as it singles out a small segment of the population [specifically home buyers & sellers] to pay for a community wide need; a transfer tax is exclusionary because it would increase the cost of home ownership; a transfer tax would be an unstable source of revenue due to the instability of the real estate market; a transfer tax would subvert the Proposition 2 ½ override process; the state legislature has already given cities and towns many equitable tools to create affordable and workforce housing through passage of Community Preservation Act, Chapter 40B, and Chapter 40R and 40S.

2. An Act Protecting Children from Poisoning. Proposed legislation SB. 1230 would (a) require lead inspections on all sales of property, instead of at the buyer’s option; (b) require owners and sellers of property to abate lead in soil and tap water; and (c) require letters of compliance for rental units to be renewed every two years, regardless of whether children reside in the unit, or whenever there is a change in occupancy, if that is earlier.

3. An Act Providing Information to Real Estate Buyers. Proposed legislation H. 323, S. 201 is a little unclear but seems to suggest that a homeowner would be expected to review the databases of nearly a dozen different governmental agencies and then create some type of report or hire and pay someone to do it for them. It is not clear how many millions of dollars this could cost Massachusetts homeowners every year or that buyers and sellers could review this data and provide an accurate assessment of what implications, if any, information on one of these databases would have on a home.

4. An Act Relative to the Disclosure of Wetlands on Property. Proposed legislation H. 767 seeks to require that a real estate broker disclose to prospective buyers that a property to be sold may be in its entirety, or in part a wetland as defined in Chapter 131 of the General Laws of or any other regulation or local by-law of the municipality where the property is located. It is the Realtor® position that however well intentioned this proposal may be, it would create an impossible standard for real estate licensees to meet and generate confusion for consumers.

5. An Act Relative to Smart Growth Housing Trust Fund (S. 132) and An Act Relative to Financing the Smart Growth Housing Trust (H. 160). Realtors® support both these bills, as it would create a steady stream of revenue to support the continued success of 40R Smart Growth districts.

Zion Bible College Coming to Haverhill

The Eagle-Tribute reported today that The Hobby Lobby, a national chain of retail hobby stores, is purchasing the Bradford College campus, just one day before the 18-acre campus was to be sold at public auction.

According to Mayor James Fiorentini, The Hobby Lobby is then expected to donate the school to Zion Bible College of Rhode Island.

Hobby Lobby, headquartered in Oklahoma City, has 390 stores in 32 states, not including Massachusetts and New Hampshire, according to the store's Web site. According to the Tribune, Hobby Lobby founder and CEO David Green, who is worth $2 billion, putting him among the country's 400 wealthiest residents, is of the same religious denomination as Zion College.

The terms of the agreement were not currently being disclosed.

Zion Bible College of Barrington, R.I., is part of the Assemblies of God higher-education system, which includes 19 colleges and universities nationwide. The college has been trying to relocate for several years because it wants more space than it has in Barrington.

Bradford College closed in 2000 after 197 years as a liberal arts school. It was bought over a year later by GFI Partners, an Angelo Gordon & Co. affiliate. The college campus features eight buildings, including three signature halls fronting South Main Street - Academy, Haseltine and Denworth.

Lead Paint Tax Credit

A new proposed law, sponsored by State Senator Richard Tisei (R-Wakefield), seeks to increase the tax credit for the de-leading of homes for the first time in 13 years.

The Realtors® support the passage of SB 1827 “An Act Encouraging the Deleading of Residential Units”, which would increase the tax credit for de-leading homes from $1,500 to $2,500 per unit.

This bill would apply to “residential premises”, including single-family homes, condominiums, multi-family individual units, and apartments.

This bill would not affect the requirements of the Commonwealth’s Massachusetts Department of Public Health’s Childhood Lead Poisoning Prevention Program (CLPPP).

There are also several other financial assistance programs for de-leading residential premises.

Update: Danvers In-Law Apartment Law

According to a recent Danvers Herald article, applicants under the Extended Family Living Area in-law zoning by-law (EFLA), adopted January 31, 2007, are having are difficult time gaining approval following the August 11, 2007 ninety (90) day grace period.

Issues arising appear to be the maximum 750 sf requirement. Also, the Zoning Board of Appeals is waiting for clarification from the Planning Department while the towns (and applicants) feel their way through the new bylaw.

Danvers In-Law Apartment Law

According to the Town of Danvers, the Extended Family Living Area zoning bylaw was adopted on January 31, 2007 by Town Meeting for purposes of providing flexibility within the existing zoning bylaw to afford an opportunity to accommodate additional living arrangements.

The zoning law, applies to Single family property owners with a pre-existing Extended Family Living Area (“EFLA”), commonly known as in-law apartments, and originally granted a ninety (90) day grace period, ending on August 11, 2007, to submit a building permit with the Building Inspector to permit the pre-existing EFLA to lawfully continue in existence. A pre-existing EFLA was one in which the necessary zoning permits were not obtained and is in existence unlawfully.

Under the grace period, all pre-existing EFLA’s were permitted to continue and were exempt from the requirements such as a maximum of 750 sq. ft., maximum of two occupants, and a restriction of separate utilities. However, to ensure public safety, all pre-existing EFLA’s were subject to applicable building, electrical, plumbing and fire codes.

After August 11, 2007, the ninety (90) day grace period expired and property owners are required to obtain a special permit from the Zoning Board of Appeals for the continuation of a pre-existing EFLA. Unlike the grace period, the continuation of an EFLA subject to the special permit are NOT exempt from the requirements and the Zoning Board of Appeals may impose conditions and corrective changes to bring the EFLA as close to conformity with the requirements of the bylaw as possible.

Failure to bring a pre-existing EFLA into compliance via the grace period or the special permit procedures may result in enforcement actions.

For more information, the EFLA bylaw may be viewed on the Town’s webpage at http://www.danvers.govoffice.com/ , then click Bylaws & Regulations, click on 2007 Zoning Bylaw, click Section 9, “Accessory Uses” and then scroll down to Section 9.3, “Extended Family Living Area or you may contact the Building Inspector at 978-777-0001.

Danvers Senior Town Planner Departing

The Danvers Herald reported that after 5½ years as the Senior Town Planner, Evan Belansky will be leaving Danvers Sept. 7 to become the community development director in Chelmsford.

Belansky’s new job will entail additional managing and supervising responsibilities, including staffing the planning board, zoning board and conservation.

Beverly Land Use Law to be Revisited

The Beverly Citizen recently reported that a relatively new, untraditional land use law, known as the Open Space and Residential Design Ordinance, may be undergoing some changes.

This law, unanimously approved by the City Council in December 2005 was meant to change the look of neighborhoods by requiring new neighborhoods to set aside half the land as open space, as well as requiring development to be worked around slopes, wildlife habitat, scenic vistas and other natural features.

Zoning Board of Appeals Chairman Scott Houseman and Planning Board Vice Chairman John Thomson spent eighteen months writing the ordinance. The City Council debated it for a year before it was passed.
However, by January 2007, City Council President Paul Guanci said changes to the ordinance were one of his priorities; this coming after a review by Ken Buckland of The Cecil Group in Boston which found on many new lots the ordinance left little or no no developable land.

One of the changes would reduce the 100-foot buffer required around each property to 25-feet around the edge, including wetlands and riverfront areas. This would be on top of the wetlands buffer that are already in place according to Assistant Planning Director Leah Zambernardi.

These proposed changes are being reviewed by the Planning Board, which will discuss them when it meets next on Sept. 19, 2007. After that, a public hearing likely may be scheduled in late October or early November, according to Zambernardi.

Foreclosure Relief from HUD

The United States Department of Housing and Urban Development reported on August 31, 2007 that President George H. Bush plans to use HUD's Federal Housing Administration (FHA) to help an estimated 240,000 families avoid foreclosure by enhancing its refinancing program effective immediately. Under the new FHASecure plan, FHA will allow families with strong credit histories who had been making timely mortgage payments before their loans reset − but are now in default − to qualify for refinancing.

In addition, FHA will implement risk-based premiums that match the borrower's credit profile with the insurance premium they pay; i.e., riskier borrowers pay more. According to HUD, “this common-sense, risk-based pricing structure will begin on January 1, 2008.”

To qualify for FHASecure, eligible homeowners must meet the following five criteria:

1. A history of on-time mortgage payments before the borrower's teaser rates expired and loans reset;
2. Interest rates must have or will reset between June 2005 and December 2008;
3. Three percent cash or equity in the home;
4. A sustained history of employment; and
5. Sufficient income to make the mortgage payment.
   

For more information about FHASecure and other FHA products, please call 1-800-CALL-FHA or visit www.fha.gov or www.hud.gov. For a list of your local homeownership center or a HUD-approved housing counseling center, go to www.hud.gov/offices/hsg/sfh/hcc/hcs.cfm.

Developer to Appeal Beverly Subdivision Decision

According the Beverly Citizen, a developer who had sought permission to build a four-lot subdivision at 30 Foster Street in Beverly has appealed the decision by suing the Planning Board in Superior Court.

The Planning board purported denied the project following a site visit when they determined that there was an issue with the site plans. The board also denied the project because they felt it would add four to five times the amount of existing traffic at the intersection of Foster Street and the proposed new road.

The developer, Robert Hubbard, is arguing that the board’s denial was done improperly, that his plan conforms to the requirements of City zoning laws, and that there no was no evidence ever submitted to the Planning board to prove that the amount of traffic would increase that amount.

As of August 16, 2007, no hearing had been scheduled, but the Superior Court clerk is set to check on the case on November 19, 2007.

Haverhill to Begin Largest Development Project in History

The Eagle-Tribune has reported that financing for the Forest City apartments, have been approved.

Forest City Enterprises, based in Ohio, recently finalized funding to build a new $70 million, 306-unit apartment complex in Downtown Haverhill.

Construction could start as soon as October 2007, Mayor James Fiorentini said.

Beverly Waterfront Plans

According to the Beverly Citizen, the City of Beverly may soon begin plans to re-write land-use laws to allow new types of development along two downtown waterfronts, Water Street and the Bass River waterfront along River Street and McPherson Drive.

The City is hoping to bring in millions of dollars in new tax revenues. A Special Committee which met in May 2007 is looking to interview prospective consultants and choose a Master Plan perhaps by end of September.

This is more than a year after City Counsilers decided to spend $75,000 on waterfront development planning.

Haverhill enacts Chapter 40R "Smart Growth" Zoning Overlay District

In February 2007, Haverhill received Commonwealth final approval to transform its old shoe shop industrial area of downtown into a Chapter 40R zoning overlay district. According to the Massachusetts Department of Housing and Community Development, M.G.L. Chapter 40R, commonly known as “Smart Growth” encourages communities to create dense residential or mixed-use smart growth zoning districts, including a high percentage of affordable housing units, to be located near transit stations, in areas of concentrated development such as existing city and town centers, and in other highly suitable locations.

The specific area to be developed as Smart Growth are Wingate Street, lower Washington Street, Locke Street and Locust Street.

You can view the City of Haverhill’s Ordinance, here and here.

The rezoning makes it easier for developers to obtain permits to convert old buildings into new housing and new businesses, either as-of-right or through a limited plan review process akin to site plan review.
Upon state review and approval of a local overlay district, communities become eligible for payments from a Smart Growth Housing Trust Fund, as well as other financial incentives.

Haverhill’s passage of Chapter 40R earned it a mention in the Boston Business Journal.
Chapter 40R seeks to substantially increase the supply of housing and decrease its cost, by increasing the amount of land zoned for dense housing. It targets the shortfall in housing for low- and moderate-income households, by requiring the inclusion of affordable units in most private projects.

In a Chapter 40R zoning overlay district, investors can build mixed use projects − housing on the upper floors and retail on the first floor − provided they meet historic design standards.

Approval of Smart Group in Haverhill puts the city in line for a $600,000 one time bonus, and a bonus of $3,000 for each unit that is built in the area.

In order to alleviate the potential financial burden on cities and towns approving Smart Rezoning, the state legislature enacted Chapter 40S, which provides additional state funding, to cover the costs of educating any school-age children who move into such districts. This legislation was in response to the common concern that new housing was costly in terms of municipal finances, given the imbalance of tax revenues and service costs. Qualifying communities will be reimbursed for the net cost of educating students living in new housing in smart growth districts.

The Massachusetts Association of Realtors® Quality of Life Program produced an excellent pamphlet that Summarized Smart Growth and Zoning in Massachusetts. You can go to their website and/or request additional pamphlets for your offices and clients at http://www.maqol.org/.

You can also read more about Smart Growth on the National Association of Realtor®’s website at http://www.realtor.org/smart_growth.nsf.