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Learn from Keith A. Bergman's insights on achieving affordable housing goals in two towns through community partnerships, zoning amendments, and strategic planning. Follow the successful 40B processes that reshaped Littleton and Provincetown's housing landscape. Gain practical tips on navigating the complexities of 40B projects and fostering meaningful municipal input. Discover how proactive measures and community collaborations can drive sustainable housing development.
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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
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 withMHP pre-development assistance • Zoning amendments to promote housing • 2005 CHAPA Leadership Award
Provincetown, MA Seashore Point Province Landing
My 40B Journey: Littleton Provincetown
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
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
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 site Approval Not Required (ANR) Plan – 2 lots
Village Green Apartments – 40B • Zoning Board of Appeals grants comprehensive permit • All 190 rental units count towards 10% goal
The Orchards – 40A • Planning Board acts on subdivision – either conventional or “open space” plan
Apple D’Or tie-in to WWTF • 5 Non-Easementlots do not require town meeting approval
Apple D’Or tie-in to WWTF • 7 tax title EasementLots, (easements disapproved by 5/6/13 town meeting)
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
HCA mitigation amounts • ZBA approved 40B and Planning Board approved 40A “open space” plan • If Town had approved 7 “easement lots”
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
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
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
Contact Keith A. Bergman Littleton Town Administrator 37 Shattuck St., Littleton, MA 01460 kbergman@littletonma.org 978-540-2461