Chapter 40B from the municipality’s perspective: A tale of two towns

1. 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

2. My 40B Journey: Littleton Provincetown

3. 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 withMHP pre-development assistance • Zoning amendments to promote housing • 2005 CHAPA Leadership Award

6. Provincetown, MA Seashore Point Province Landing

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 Agreement’s goal to stay above 10% through 2031 • Housing Production Plan to be updated

9. LittletonS.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

13. 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.

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 D’Or tie-in to WWTF • 5 Non-Easementlots do not require town meeting approval

18. Apple D’Or tie-in to WWTF • 7 tax title EasementLots, (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”

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% * Total based on2010 decennial census, next adjusted in 2020

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 Town’s choosing * 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 MAPC’s 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