40B Proposal Land Off Highland Ave. Board of Selectmen Information Session June 28, 2017

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1 40B Proposal Land Off Highland Ave Board of Selectmen Information Session June 28, 2017

2 Project Site, near 22 Highland Ave

3 The Project Site Is 1.44 ac. in size. Abuts 5.34 ac. of town land Abuts the Fells to the North Abuts residential property Is near Winchester Hospital

4 View of the Site from Highland Avenue

5 View of the Site from North Border Road

6 A Little History Initial Proposal Envisioned Three Single-Family Homes Proposal required many variances from existing zoning ZBA advised proponent that it was unlikely to grant required variances.

7 More History Proponent then petitioned for approval of a subdivision Proposal included a road connecting Highland to DCR owned N. Border Rd. DCR did not approve road connecting to N. Border Rd. Planning Board denied the petition for lack of approval by DCR of connection required for public safety.

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9 Site is currently woodland with steep grades A portion of the site is within 100 ft. of wetlands

10 Current 40B Proposal 24 Units in 4 Three Story Buildings Six affordable housing units 48 Parking Spaces on Ground Floor Access from Highland Avenue Minimum Distance to rear of Dana Ave. Properties is 15.8 ft.

11 Unit Distribution by Building Building # Units Unit Size (sq. ft.) Bedrooms Per Unit Bathrooms Per Unit Parking Spaces Per Building #1-1 st Floor 2 +/ #1-2 nd / 3 rd Floor 2 +/ #2-1 st Floor 3 +/ #2-2 nd / 3 rd Floor 3 +/ #3-1 st Floor 2 +/ #3-1 st Floor 1 +/ #3-2 nd / 3 rd Floor 2 +/ #3-2 nd / 3 rd Floor 1 +/ #4-1 st Floor 4 +/ #4-2 nd / 3 rd Floor 4 +/ TOTALS

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14 Frequently Asked Questions 1. Isn t this zoned for single family dwellings? Doesn t that preclude the construction of apartments? Answer: The parcel is zoned for RBD-10 which requires single family dwellings. The town-owned land adjacent to the parcel is zoned SCI. However, state law permits 40B projects to override local zoning when the municipality has less than 10% of its housing units as affordable housing units. Currently approximately 2% of Winchester s housing stock qualifies as affordable 2. How many units must be affordable to qualify for 40B status? Answer: Twenty-five percent (25%) of the units must be affordable units, in this instance that is six units. 3. How is an affordable unit defined? Answer: Project sponsors are required to provide a window of affordability for households with incomes between 70% and 80% of the listed Metropolitan Statistical Area (MSA) median income. Median Incomes are based on HUD Estimates for our Metropolitan Statistical Area. The maximum sales prices are based upon principal, interest, property tax, and insurance payments, with an assumption of a 5% down payment. The maximum rent is 30% of 70% of the median income.

15 Frequently Asked Questions Continued 4. What is the approval process for a 40B Project? Answer: There the following stages for every 40B project. They are as follows: Application for Project Eligibility Town Notified and Comment Period Begins (this is the current situation) Town Submits Appropriate Comments MassHousing issues Project Eligibility Letter Project Sponsor submits Project to ZBA for a Comprehensive Permit ZBA issues Comprehensive Permit with allowable conditions MassHousing reviews and accepts or modifies ZBA s Comprehensive Permit Project Appeal Period Follows, Abutters may appeal at their expense. Court makes decision regarding the Appeal Building Permit Issues, Construction Begins Once Construction Complete, Lottery held for purchase of affordable units. Occupancy Permit issued. Owners move in.

16 Frequently Asked Questions Continued 5. This project will make an already bad traffic situation worse. Isn t that enough reason for the ZBA to deny a Comprehensive Permit for this Project? Answer: MassHousing does not consider impacts to existing conditions when deciding whether to a approve or deny a project an eligibility letter. The ZBA may negotiate conditions to mitigate such impacts, but any such mitigation is subject to MassHousing review and they have the ability to override the ZBA conditions if they impact the financial viability of a project. 6. The large number of bedrooms per unit means that large families will purchase the units. Why can t the ZBA deny the project to avoid overcrowding our already crowded schools? Answer: The impact the proposed project will have on school enrollment is not sufficient reason for denial of the project. In preparing its new Master Plan, the School Committee made assumptions of student enrollment that included the possible impacts of 40B developments across all school districts and included those potential impacts in their plans for new school construction. 7. There have been several 40B projects proposed for my area of town. Why is the town permitting all of these project to impact my side of town? Answer: The 40B projects recently proposed for the northeastern section of Winchester (Forest Ridge, Holton St. and Land Off Highland) have all been proposed on private land and in a manner such that the Town has only limited ability to mitigate the density and any other potential impacts. MassHousing has the ability to permit 40B projects of up to 300 units to proceed in spite of a town s denial of the projects by the ZBA and the case law supports MassHousing s ability to do so. The Board of Selectmen, together with the Planning Board and the Housing Partnership Board are working to develop a Housing Production Plan that, assuming we make sufficient progress against the plan, will help us limit the number of 40B proposals and hopefully develop affordable housing throughout the town.

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