Danvers Affordable Housing

The Danvers Herald reported in its June 19, 2008 paper that Selectman Gardner Trask will spearhead the formation of a permanent affordable housing subcommittee, after getting the go-ahead from Danvers selectmen on June 17th. Trask told the Board that the 2010 U.S. Census is likely to tabulate a larger population for Danvers, which means the town may need to provide more affordable housing.

Danvers reached the 10% affordable threshold last year, which means that it is currently immune to Chapter 40B developments. The results of the 2010 census could require Danvers to add an estimated additional 70 units of affordable housing.

The selectmen agreed to the formation of the Affordable Housing Planning Committee of about a dozen members, including 3 citizens. The selectmen also agreed to send a letter to the Danvers Zoning and Planning Boards, and the Danvers Diversity Committee to encourage them to look for opportunities to encourage affordable housing so that the town can meet the anticipated threshold.

Lynnfield Commons starts construction while other 40B projects fizzle

According to the Peabody & Lynnfield Weekly News, construction will begin shortly on the 200-unit Lynnfield Commons rental development on Route 1-North, in the rear of the Flagship Motorcars dealership.

According to the article, Lynnfield had initially attempted to block this apartment complex by passing 3 smaller condo complexes under Chapter 40B, the state’s affordable housing “anti-snob zoning” law. Currently, the 3 developments are no closer to being build than the day the permit was granted.

Read the entire Peabody & Lynnfield Weekly News article.

Chapter 40B Battles in Amesbury

The Boston Globe reported that Amesbury has appealed 2 recent decisions from the state Housing Appeals Committee, in an ongoing battle Amesbury has fought to prevent projects proposed under Chapter 40B, the Commonwealth’s affordable housing law.

The first project is a proposal to construct 269 townhouse condominiums on a 155-acre site off Kimball Road (Meadowbrook Estates).

The second proposal is a 56-unit rental development on a 10-acre site off Clark’s Road (Eagle Point).

According to the Globe, the recent rulings followed a decision by the Housing Appeals Committee against the city last October on another Chapter 40B project, a proposal to build 40 condominium units on Haverhill Road.

Read the entire Boston Globe article.

Chapter 40B Recently Withstands Ballot Drive Challenge

Chapter 40B recently withstood a potentially significant challenge to its status as one of the Commonwealth’s most important housing law since its creation in 1968. According to the Massachusetts Secretary of State’s Office, a signature drive to repeal the law fell more than 35,000 signatures short of the 66,593 needed to place a question on the November 2008 statewide ballot. Consequently, the soonest any similar petition to repeal Chapter 40B could be on the ballot would be 2010.

Chapter 40B has been responsible for producing over 48,000 units of mixed-income housing, including housing for the elderly, single-family subdivisions that include affordable units for town residents, multifamily rental housing developments, and mixed-income condominium or townhouse developments. Its goal is to encourage the production of affordable housing in all cities and towns throughout the Commonwealth by reducing unnecessary barriers created by local approval processes, local zoning, and other restrictions. The standard is for communities to provide a minimum of 10% of their housing inventory as affordable. A total of 51 cities and towns have now met that standard.

The Citizens’ Housing And Planning Association have an excellent website with Chapter 40B information. Click here to view the website.

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

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

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

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

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

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.