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