Developers of a proposal for 24 housing units at 330 South Road, near the corner of Summer Street, are considering enlisting the support of the Select Board to seek approval as a Local Initiative Program (LIP).
The board this week received a briefing on the process, in anticipation of a discussion with the developer at a June meeting. The project as proposed cannot be permitted under current zoning.
There are five current buildings at 330 South Road: a farmhouse, two barns, and two garages, some of which have commercial uses. The property owners want to convert the house and barns into 18 units of multifamily housing; a new structure with an additional six dwelling units would replace the garages.
“The process allows the town to waive any of its local rules and regulations in order to achieve affordable housing units,” Planning Director Tony Fields explained after the meeting, as it is a provision of the state law known as Chapter 40B. “In this case, six of the 24 units would need to be affordable to households earning 80 percent or less of the area median income.”
Since Bedford has more than 10 percent of its housing stock classified as affordable (it is around 18 percent), the town can deny 40B applications. Under a LIP, however, also known as a “friendly 40B,” the property owner can request the town to cosponsor the application.
Bedford surpasses 10 percent, but “that doesn’t mean you shouldn’t stop creating affordable housing,” Fields told the Select Board. “Occasionally an opportunity will come up that makes sense for the town.”
If the town chooses to cosponsor, he explained, the state Department of Housing and Community Development must certify the project’s eligibility. Then a comprehensive permit application is submitted to the Zoning Board of Appeals, bypassing other zoning considerations.
Planning Board discussions of this proposal have engendered strong concerns about traffic impact from neighborhood residents. Select Board member Emily Mitchell alluded to this issue when she noted that “there are concerns about infrastructure around this project.” She asked if cosponsoring the application can be contingent on addressing related matters.
“As a LIP, the board can commit to do improvements,” unlike a standard 40B, Fields said. “If there are conditions you want to impose that would make it unfeasible financially, those are very hard to uphold.” A LIP, he continued, “is intended to be a cooperative venture, and if the town recognizes some form of infraction, you would have a chance to negotiate how to get to the desired endpoint.”
“This isn’t a regulatory process. You can negotiate for whatever you like,” added Town Counsel George Hall. “The idea is if you support the concept then you want to try to use your sponsorship to shape the project as best you can for the best interests of the town. The economics are ultimately important. The board could decide that it’s not comfortable cosponsoring unless certain improvements are made, The project should meet community needs.”
There are no financial incentives to being a co-sponsor, Fields said; technical assistance is considered a subsidy. “As part of its review process, the board may seek input from other departments, like engineering or fire; get help to understand financial aspects; and how the project actually gets built.”
Mitchell asked if the town has a target percentage for affordable units. Select Board Chair Margot Fleischman said the town has not “created a specific metric to our subsidized housing inventory.” She pointed out that the 18 percent is inflated by a state policy that counts all the units in a multi-unit development as affordable, even if only a percentage are actually in that category.
“Our number is high compared to other communities but it does not literally mean 18 percent. It’s a much smaller number and the housing study identifies a variety of approaches to expand,” she said.
After the meeting, Fields said that if the board chooses not to cosponsor, “then the property owners will need to consider other options, such as continuing the status quo, or pursuing other development options allowed under zoning.”
Note: the proposed development at 330 South Road has been in play for several years. The first published article appeared in The Citizen on August 17, 2018. Recent articles include
- https://thebedfordcitizen.org/2020/09/330-south-road-project-wins-nod-from-planning-board/
- https://thebedfordcitizen.org/2020/01/planning-board-hears-public-concerns-over-proposed-330-south-road-housing-proposal/
- https://thebedfordcitizen.org/2020/01/residents-raise-concerns-about-proposed-330-south-road-housing-project/
Mike Rosenberg can be reached at [email protected], or 781-983-1763
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I have been in my current location approx 58 years. We face the side of the large barn. There is no drive thru traffic & the businesses that have occupied the lower level have mostly been storage not frequent flyers! My point is this new complex will be in my backyard along my fence line. With appt entrances, driveway/access/exit road. Which would be above my fence line. The traffic, noise & people will be awful. No privacy left in my yard/deck etc.
Please don’t pass this.