Information is key to helping residents understand what’s going on in town.
John Wadsworth wrote the following question and answer piece concerning the affordable housing issue as it relates to current projects in Natick, more specifically the 40B projects near the northern section of Speen St. This coming Monday evening at the Cole Center, town officials will discuss and offer information to interested residents.
AFFORDABLE HOUSING IN NATICK
Cloverleaf Apartments, consisting of 183 units of rental housing, is currently under construction behind the Cloverleaf Mall on Speen Street. Chrysler Apartments, consisting of 404 units of rental housing, is being proposed for construction at the end of Chrysler Road, on the other side of the CSX rail spur from Cloverleaf Apartments. 75% of the rental units in each project will be offered to the public at market rental rates, and 25% will be reserved for moderate income people. Both projects are being developed under chapter 40B of the Massachusetts General Laws.
While putting this much new housing in an area that currently has none is bound to have some significant impacts on Natick, in particular West Natick, prior to a full-fledge discussion of all of the issues at the June 25 meeting, it makes sense to provide some background information of what exactly this “affordable” proposal is, so that we can focus the discussion.
1. What is Chapter 40B? Chapter 40B was enacted by the Massachusetts legislature a number of years ago in response to concerns that affordable housing was not being constructed in Massachusetts, and that towns were establishing zoning requirements (such as requiring large lot sizes) that would exclude and discourage the construction of moderately priced housing.
2. What does 40B do? Chapter 40B allows a developer to circumvent zoning restrictions that might otherwise preclude construction of affordable housing. While a 40B developer must still work with the Town and obtain approvals, conditions imposed in permits that would restrict the project can be removed by a state agency. That state agency’s primary goal is the creation of affordable housing, and therefore they have not been particularly sympathetic to attempts to deny projects based on concerns with traffic, density, overtaxing infrastructure, etc. Natick has a history of spending a lot of money unsuccessfully challenging 40B proposals.
3. What is “affordable”? In the case of what is being proposed at Cloverleaf and Chrysler Road, “affordable” does not mean “subsidized”. People will not be given housing vouchers under any welfare program which can then be used to acquire housing at these units. Instead, these units will be rental housing, and 25% of the units in these buildings will be rented at a capped rent which is set at a level designed to allow a single person earning approximately $45,000 per year, or a family of four earning up to approximately $55,000 per year, to live in the unit.
4. I thought these units were for poor people? Given Massachusetts’ housing prices, even someone earning $45,000 - $55,000 per year has trouble finding housing they can afford. “Affordable” in this project could mean a school teacher’s salary or a firemen or people who would work at the new Mall.
5. Isn’t there something involving a 10% threshold involved in 40B? Under Chapter 40B, if less than 10% of a town’s housing stock is “affordable”, it cannot turn down a legitimate 40B proposal. If a town is over the 10% threshold, it does not have to accept any further 40B developments.
6. How does this project affect Natick’s 10% threshold? Under the rules for counting affordable housing under 40B, all units in a rental development count as affordable even though only 25% of the units are subject to the “affordable” cap. In other words, all 587 units in these two projects will be counted toward Natick’s 10% threshold. Calculations are that these units, along with other currently approved 40B proposals in Town, and the Natick Mall’s obligation to acquire more than 40 existing units and maintain them as affordable, will put Natick over the 10% threshold for years to come, thereby protecting Natick against having to accept 40B projects in the future.
7. Didn’t I read that the town got a state exemption from accepting any more 40B proposals? In order to avoid a town being inundated with new proposals, the law has some relief valves incorporated. One of these allows towns to turn down new proposals if a certain number are approved in a given year. Natick hit that threshold during 2007, but it is only relief for a year, and requirements to accept new projects will be re-imposed when the temporary reprieve expires.
8. Can’t the Town fight this proposal? Natick has a history of unsuccessfully challenging similar projects. The Town has spent a lot of money over the years and has little to show for it other than establishing precedent that mandates that these projects go forward. Natick can object to aspects of the project on grounds of impacts to roadways, schools, etc., but the fundamental issue to be considered is whether any limitation the Town imposes has an adverse economic impact. This is an extremely difficult and subjective standard, and is one that usually is weighed in favor of encouraging more affordable housing development. Furthermore, Natick actually has several interests in promoting the development of affordable housing, to maintain demographic diversity, to allow people who are providing services to Natick, such as police and fire employees and teachers, to be able to afford to live in Natick, and to provide housing to support local businesses such as TJX, Staples, Cognex, Mathworks, etc.
9. The Mall paid a lot of money in mitigation – won’t this developer have to provide mitigation? The mall was not a 40B project. The answer appears that a 40B developer does not have to provide anything. (The taxes paid on these parcels will go up dramatically, likely 10 fold, based on these new uses, and the developer will pay that, but that is not deemed “mitigation”). It is likely that the Town will attempt to negotiate payments or other mitigation. The developer desires to maintain friendly relationships with Natick, and so is inclined to accommodate concerns where they are reasonable. In other words, the Town has enough leverage to ask for reasonable concessions, and the developer also wants a successful housing project, since 75% of the units will still be rented at “market” rates, and a project which, for example, is aesthetically pleasing, has appropriate green space, is adjacent to a functioning rail trail, and is accessible by sidewalks, will make for a more marketable project. The Planning Board has indicated that they will seek some sort of payments from the developer.
10. Will this mean that a lot of people from other towns will be moving to these projects? The Town has the ability to require a local preference in renting of the affordable units. In other words, they can require that up to 70% of the units be first made available to current Natick residents, Natick elderly, and town workers. The Board of Selectmen has recently considered imposing this 70% local preference, and who should get this preference.
11. Won’t this overtax the schools – I would think these projects attract a lot of families with children? Since this is often a big concern, the state tracks the number of children in affordable units. Based on past history, and the fact that this developer is constructing predominantly one and two bedroom units, with a few studios, it is estimated that the total number of school-age children living in all 587 units will total less than 50.
12. How about other infrastructure – don’t we need a ladder truck for these projects and for the Mall housing? The Natick Fire Department has looked at these issues, and has concluded that fires in buildings such as this and the Mall are fought not from the outside with ladders, but from the inside. The Mall has given significant amounts of money to the Fire Department to respond to concerns. Making sure that the Town has the resources to adequately respond to fires at these new projects is still a concern.
13. How about traffic? Traffic is a concern. The developer has done a traffic study which has been reviewed by the Town’s traffic consultant. Most of the traffic would appear to impact Route 9 and Speen Street towards the Mass Pike. Little of the traffic is likely to add to congestion on Speen Street south of Route 9. Issues that will need to be resolved include the likely increased congestion at Chrysler Road and Speen Street (Home Depot) especially with the Mall’s added traffic, and the fact that an easy by-pass of Speen Street congestion will be to cut through the Home Depot parking lot. Also, because the railroad right of way bisects the two areas (and there is a steep grade) there cannot be a connecting road between the Cloverleaf building and the two buildings proposed on Chrysler Road.
This discussion was developed in consultation with Patrick Reffett, the Natick Community Development Director, and Josh Katzen, the developer of the Chrysler Road and Cloverleaf Apartments.
John W. Wadsworth, Esq.