A good or bad idea in the long run?

I received an anonymous letter with a copy of the legal notice to the upcoming Zoning Board of Appeals public hearing scheduled for March 9, 2010, at 8:00 p.m. at the town hall.
The applicant HAP, Inc. is requesting for not less then 16 exemptions! Some of which seem to be outside M.G.L., and granting them would exceed the Zoning Board’s discretionary authority, even under chapter 40B!
HAPHousing TM is funded by a variety of federal, state and philanthropic grants and also relies on private contributions for support according to their website. East Elevation of “Senior Housing” Complex.
First I thought that someone is pulling a practical joke on me; before I was going to post this legal notice on the Blog I had to make sure that it was real.
This morning I went to the town hall to check on it. It WAS REAL!

Here it is; the legal announcement that is posted at the town hall:

Holland Zoning Board of Appeals
Public Hearing

The Zoning Board of Appeals will hold a public on March 9, 2010 at 8:00 pm in the Holland Town Hall, 27 Sturbridge Road, Holland, Mass.

The purpose of the hearing is to consider a request from

HAP. Inc
322 Main Street Suite I
Springfield, Ma 01105

for a Comprehensive Permit according to Massachusetts General law, Chapter 40B.

Relief requested:
  1. To locate abutter's well and sewage disposal system a later date but prior to the subservice sewage disposal system permitting with the Board of Health;
  2. To allow two principal buildings on a lot in an Agricultural Residential district where only one is allowed;
  3. To allow multi-family residential use within an Agricultural residential district;
  4. To allow Lot Coverage by building foot prints and paved surfaces to be over allowed maximum of 20%;
  5. To allow a fence enclosure for utility equipment in front yard higher than bylaw allows;
  6. To allow 20 units of senior housing plus senior center on proposed parcel;
  7. Exemption from landscaped setback area;
  8. Reduction in required parking spaces;
  9. A waiver from the Earth removal section of the Zoning bylaws;
  10. A waiver from the Holland Site Plan Approval process;
  11. A waiver from Site Plan requirements in Zoning bylaw sec 7.73;
  12. A waiver of the Special Permit process required for the Common driveway;
  13. A waiver of the compliance with the standards required for the Common driveway in Zoning bylaw sections 7.85.1.d, 7.85.2.a, 7.85.3.i, 7.g5.3.k;
  14. To allow parking lots to be allowed in an Agricultural Residential District;
  15. From Standards in Landscaping of buffer strips; and
  16. To allow that a Comprehensive Permit issued to HAP Inc, be transferable to a limited Partnership to be created for the express of owning the property.

Petitioner's property located at
40 Brimfield RD Holland, MA
Map 13 Town Parcel 17.MBLU 13 C 17

(I assume “subservice” should read “subsurface” in paragraph 1.)

The request by HAP, Inc., is made based on M.G.L. chapter 40B.

What is chapter 40B?

Chapter 40B was a good idea going bad. The “Coalition to Repeal 40B” puts it this way:

40B is nothing more than a tool being used by developers to extract huge profits at the expense of our communities.
The “Coalition to Repeal 40B” informs readers on their website about the “Top 8 myths of growth.”
The reason for many to hold public office

Holland residents will be familiar with a few of these myths from Wettlaufer’s and Johnson’s misinformation, propaganda to convince unassuming voters to support their great proposals, like the proposed Truck Stop.
These proposals have only one goal; to help their developer-friends and their projects (for kick-backs?) to the detriment of our community.

An increasing number of informed citizens realize the devastating effect chapter 40B had/has on communities; over 100,000 signatures have been collected in support to repeal chapter 40B.
The state legislators have until May 2, 2010, to put the bill on the November 2010 ballot. The bill, bill number 4455, would repeal the provisions of chapter 40B.

In a nutshell; this so called “Senior Housing” project is in reality a “Low-income Housing” project suposed to be for seniors only. (Remember, the Truck Stop was first called a Travel Center.) I'm afraid that our senior citizens will get the short end of the stick. There is no way to limit owners/renters to seniors past the initial renting of the units. A non-profit organisation (HAP, Inc.) with bankers and heads of investment firms on the board of directors fund private construction companies who build high-density housing units for huge profits. Over time, these housing units turn into slums inhabited by individuals on welfare. The proposed project will create the first “slum” of the future for Holland.
Would you want to live in this building with at least 20 to 40 people jammed into this tight spot? The parcel is so tight that the proposed building infringes more than a dozen bylaws. Just wait and see! Why do we have by-laws if they are just ignored?

Chapter 40B passed in 1969 by one vote. Stopping 40B means restoring funding to existing affordable housing laws that actually help people. The means by which we produce affordable housing is as important as the resulting housing itself. By investing in our struggling communities, we can begin to recover from the devastation of 40B and work towards a sustainable future and strong economy.

As a matter of fact, 40B does not work! After 38 years of chapter 40B based construction of low-income housing, Massachusetts ranks at the bottom of national housing affordability (49th!). To check out this and other facts, click here!

How did we get here?

The voters acepted ARTICLE #25 of the town warrant during the annual town meeting on Tuesday, May 26, 2009. The article read:

To see if the Town will authorize the Board of Selectmen to enter into an option to lease and enter into a subsequent lease for nominal consideration, the land adjacent to the Senior Center for Senior Housing, or act anything thereto.
As usual, it was a bad idea to follow the recommondation of our “leaders.” It will be too late once the community realizes what this project will bring to Holland.
But, who cares, right?
Everything written in bold/italic is a link, as always!

March 1, 2010, Peter Frei

Read also:

Annual Town Meeting Report of 2009.
Continuation of the 2009 Annual Town Meeting.