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Chapter 40B from the municipalitys perspective: A tale of two towns Keith A. Bergman Littleton Town Administrator (2007 - ) Former Provincetown Town Manager.

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Presentation on theme: "Chapter 40B from the municipalitys perspective: A tale of two towns Keith A. Bergman Littleton Town Administrator (2007 - ) Former Provincetown Town Manager."— Presentation transcript:

1 Chapter 40B from the municipalitys 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

2 My 40B Journey: Littleton Provincetown

3 Provincetown, MA Provincetowns 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

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6 Provincetown, MA Province Landing Seashore Point

7 My 40B Journey: Littleton Provincetown

8 Littleton, MA Goal: achieve 10% and control 40B 2005 Planned Production expired 2010 Bumps in the road Charles Ridge 40B bankruptcy Farms on the Common never completed Village Green 190 rentals approved 2013 S.H.I. increased from 8.45 to 13.97%* Host Community Agreements goal to stay above 10% through 2031 Housing Production Plan to be updated

9 Littleton S.H.I.

10 Managing 40B Case study: Village Green, 15 Great Road, Littleton - March 2011 to February 2013 Spring/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

11 Managing 40B

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13 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.

14 15 Great Road site Approval Not Required (ANR) Plan – 2 lots

15 Village Green Apartments – 40B Zoning Board of Appeals grants comprehensive permit All 190 rental units count towards 10% goal

16 The Orchards – 40A Planning Board acts on subdivision – either conventional or open space plan

17 Apple DOr tie-in to WWTF Non-Easement 5 Non-Easement lots do not require town meeting approval

18 Apple DOr tie-in to WWTF 7 tax title Easement Lots, (easements disapproved by 5/6/13 town meeting)

19 Host Community Agreement Bundled all Town-developer issues in one document Provided framework for resolving issues without litigation Respected authority of decision-makers ZBA, Planning, Town Meeting, MassDEP Provides own with mitigation from developer Amounts depended upon decisions reached Enforceable outside of regulatory decisions Provides framework for keeping Littleton above 10% through 2031 if 190 rental units became ownership

20 HCA mitigation amounts ZBA approved 40B and Planning Board approved 40A open space plan If Town had approved 7 easement lots $494,12519 lots @ 4.25% +$50K + 270,0005 non-easement lots @ 8% +$764,125Sub-total mitigation + 250,000For 7 easement lots =$1,014,125Total mitigation +191,000Back taxes on tax title lots +$1,205,125Grand total w/taxes

21 Achieving 10% goal under 40B Baseline... 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 units481 = 13.97% Total housing units*3,443

22 Maintaining 10% goal under 40B With 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 Towns choosing Subsidized units481 = 13.97% Total housing units 3,443 Subsidized units481 = 12.33% Total housing units* 3,900 * Adds 190; 26 in 2010, 16 in 2011, 34 in 2012; est. 25/year to 2020

23 R.H.S.O. Regional Housing Services Offices in MAPCs MAGIC subregion Sudbury, with Acton, Bedford, Concord, Lexington, and Weston Hudson, with Boxborough, Bolton, Littleton, and Stow Preserve existing Subsidized Housing Inventories Deed restrictions, compliance monitoring, S.H.I. administration Provide support for local affordable housing efforts

24 Contact Keith A. Bergman Littleton Town Administrator 37 Shattuck St., Littleton, MA 01460 kbergman@littletonma.org 978-540-2461


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