Chapter 40B from the municipality’s perspective: A tale of two towns Keith A. Bergman Littleton Town Administrator (2007 - ) Former Provincetown Town Manager (1990-2007) Meaningful Municipal Input into the 40B Process September 20, 2013
Mar 29, 2015
Chapter 40B from the municipality’s perspective: A tale of two towns
Keith A. BergmanLittleton Town Administrator (2007 - )
Former Provincetown Town Manager (1990-2007)
Meaningful Municipal Input into the 40B ProcessSeptember 20, 2013
My 40B Journey:
Littleton
Provincetown
Provincetown, MA Provincetown’s goal: to meet workforce housing needs “Friendly” 40Bs the rule-- not the exception Constructed, extended sewer system allowing
additional capacity for affordable housing◦ It takes a sewer to build a village
Adopted Community Preservation Act for housing◦ 3% surcharge on top of 3% Cape Cod Land Bank
Seashore Point / Cape End Manor Care Campus◦ Used CPA funds for New England Deaconess Association to
preserve nursing home, add assisted living units Province Landing – 90 Shank Painter Road
◦ Used CPA funds to acquire property at half price from Cumberland Farms with MHP pre-development assistance
Zoning amendments to promote housing 2005 CHAPA Leadership Award
Provincetown, MA
Province Landing
Seashore Point
My 40B Journey:
Littleton
Provincetown
Littleton, MAGoal: achieve 10% and control 40B2005 Planned Production expired 2010Bumps in the road
◦Charles Ridge 40B bankruptcy ◦Farms on the Common never completed
Village Green 190 rentals approved 2013S.H.I. increased from 8.45 to 13.97%*Host Community Agreement’s goal to
stay above 10% through 2031Housing Production Plan to be updated
Littleton S.H.I.
Managing 40BCase study: Village Green, 15 Great Road,
Littleton - March 2011 to February 2013Spring/Summer of 2011
◦ MassDevelopment eligibility review◦ Board of Selectmen managed public comments
process, April – May 2011◦ Obtained MHP technical assistance for ZBA
August 2011 – Fifteen Great Road II LLC filed first comprehensive permit application with ZBA
February 2012 – developer files amended comprehensive permit application with ZBA
February 2013 – ZBA comprehensive permit issued
Managing 40B
Managing 40B June 2011 - MassDevelopment eligibility letter issued
◦ One building “does not benefit from topographic buffering” and “could benefit from further mitigation”
August 2011 – developer submitted comprehensive permit application to ZBA
Developer revises CP application in February 2012 Planning Board reviews ANR plan and adjacent
subdivision, to be served by 40B WWTF Abutters, developer negotiate their agreement, reached
August 2012 Selectmen, developer negotiate host community
agreement Approvals finalized February 2013
◦ ZBA approves comprehensive permit, 2/14/13◦ Planning Board approves adjacent 19-lot subdivision , 2/14/13◦ Selectmen approve Host Community Agreement, 2/11/13.
15 Great Road siteApproval Not Required (ANR) Plan – 2 lots
Village Green Apartments – 40BZoning Board of Appeals grants comprehensive
permitAll 190 rental units count towards 10% goal
The Orchards – 40APlanning Board acts on subdivision – either
conventional or “open space” plan
Apple D’Or tie-in to WWTF5 Non-Easement lots do not
require town meeting approval
Apple D’Or tie-in to WWTF7 tax title Easement Lots,
(easements disapproved by 5/6/13 town meeting)
Host Community AgreementBundled all Town-developer issues in one
document◦ Provided framework for resolving issues without
litigationRespected authority of decision-makers
◦ ZBA, Planning, Town Meeting, MassDEPProvides own with mitigation from developerAmounts depended upon decisions reached
◦ Enforceable outside of regulatory decisionsProvides framework for keeping Littleton
above 10% through 2031 if 190 rental units became ownership
HCA mitigation amountsZBA approved 40B and Planning
Board approved 40A “open space” plan
If Town had approved 7 “easement lots”
$494,125 19 lots @ 4.25% +$50K
+ 270,000 5 non-easement lots @ 8%
+ $764,125
Sub-total mitigation
+ 250,000 For 7 “easement lots”
= $1,014,125
Total mitigation
+ 191,000 Back taxes on tax title lots
+ $1,205,125
Grand total w/taxes
Achieving 10% goal under 40BBaseline . . .
Plus 190 rentals from Village Green– all rentals count towards 10% goal
If ownership, only 48 (25% of 190) for 9.85%
Subsidized units 291= 8.45%Total housing
units3,443
* Total based on2010 decennial census, next adjusted in 2020
Subsidized units 481=
13.97%Total housing units*
3,443
Maintaining 10% goal under 40BWith approval of 190 units:
2020 decennial census projection*
Need 390 units stay above 10% . . .◦ Developer to keep 100 of its190 on S.H.I., if
rental were to become ownership units.◦ Town to monitor, maintain existing inventory;
explore affordable units of Town’s choosing
Subsidized units 481=
13.97%Total housing units
3,443
Subsidized units 481=
12.33%Total housing units*
3,900
* Adds 190; 26 in 2010, 16 in 2011, 34 in 2012; est. 25/year to 2020
R.H.S.O.Regional Housing Services Offices in
MAPC’s MAGIC subregionSudbury, with Acton, Bedford, Concord,
Lexington, and WestonHudson, with Boxborough, Bolton, Littleton,
and StowPreserve existing Subsidized Housing
Inventories◦ Deed restrictions, compliance monitoring, S.H.I.
administrationProvide support for local affordable housing
efforts
Contact
Keith A. BergmanLittleton Town Administrator37 Shattuck St., Littleton, MA