Chapter 40B from the municipalitys perspective: A tale of two towns Keith A. Bergman Littleton Town...

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

01460kbergman@littletonma.org978-540-2461