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A matter of opinion

By Bob Mullen

Thu Aug 02, 2007, 10:52 AM EDT

Stoughton -

Stoughton now has more control over 40Bs

 As you drive around town, one can't miss those bright orange signs along Plain Street and West Street proclaiming, "Stop Stonegate.” The signs refer to a 40B Project called Villages at Stonegate. The project was initially approved when selectmen, voted controversially 5-0, to endorse the Chapter 40B Local Initiative Project.   Then, fearing a public backlash as storm clouds were gathering around Plain and West streets in opposition to this project, the selectmen back-peddled and a motion was made for reconsideration. The motion for reconsideration passed. A new vote was taken and with some flip-flopping, the project still passed but it was now a 3-2 vote but still in favor of the project.

        Fast forward to the present where two supporters of the project, selectmen Dick Levine and Tony Sousa, currently Chairman and Vice Chairman of the board respectively, have been attending some of these Stonegate 40B meetings.  

        During the course of these 40B hearings, the developer has cut the original design of 140 units down to a present 120 condominium units in order to appease the opposition. For the developer, it is obviously a nice gesture. But still this gesture does not eliminate the impact that this project may have on the wetlands, the neighborhood and the town.

        The Stoughton Neighborhood Coalition (SNC) is a group comprised of homeowners and neighbors who are opposed to this development. I have read over these past months that this group is led by mob mentality. Nothing can be further from the truth. Yes, like any other group opposed to a project, members of the group will express their opinion. But every meeting that I have attended on this 40B case, the members of the SNC are very orderly and neighborly. 

        Stoughton, like all other cities and towns across the Commonwealth has been complying with the 40B Comprehensive Permit Law. The Chapter 40B law strongly encourages cities and towns to waive zoning and town bylaws in exchange for the developer to include in the design a specific number of affordable homes as part of the development plan. The most well known piece of the 40B law has to do with a town's percentage of affordable homes to the town's total housing inventory. Per the 40B rule, a town must have 10 percent of its housing inventory classified as subsidized or affordable housing.

If the town is below the threshold of 10 percent and if the ZBA denies the developer the privilege to build a 40B development in Stoughton, then the developer has the right to appeal the ZBA's decision to what is known as HAC, the Housing Appeals Committee. But, there is also a section of the law that if the community meets and exceeds the 10 percent threshold for affordable homes then the ZBA is not be obligated to approve the development. Our town has made a great deal of progress since the first large 40B appeared on the scene. When towns are below the 10 percent threshold, the developer knows that they have the upper hand.

        Since May of 2007, the landscape in our town has changed. If you have not heard, Stoughton has pushed through this 10 percent threshold. It now stands at 11.7 percent.   It is time for Stoughton townspeople to be able to take a break from these 40Bs and re-assess the needs of the town. The Zoning Board of Appeals can now use its discretion and reject 40Bs where the town does not need the development to meet the 10 percent criteria and/or where there is opposition to a development.

        In my opinion, I believe the Stoughton ZBA should stop Stonegate and reject this 40B case for many reasons but some of the more pertinent reasons are as follows:

        ·The town has met it 10 percent threshold (percentage of housing units that are subsidized) and the percentage has soared to 11.7 percent. This percentage is high enough for the ZBA to use its discretion and reject this case. The ZBA's decision would be line with what is considered meeting local needs for subsidized housing and this decision would unlikely be overturned by the Housing Appeals Committee.

        · If you are against the Brickstone development in Sharon, you should also be against the Stonegate 40B development here in our town for pretty much the same reasons.

        ·The Stonegate development is more than a mile from the Stoughton train station and the downtown area. A component noted for Smart Growth is to be close to transit and other transportation choices. There has been much discussion at the hearings whether Stonegate is Smart Growth or not. Regardless of the arguments on either side, the location of the development is a good distance from the center of town and it is in the part of town with single-family homes and conservation land.

 ·The argument that development is good for the town and the increase in development keeps our taxes down is not entirely true. It makes a great public relations gimmick but what about the increase in town services and along with the increase in development comes the need for more public safety, public works, teachers, schools, i.e., spiraling increase in all the town's services, which comes at a higher price. The Woods Hole Research Center's "Critical Mass" brochure states that "...Study after study illustrates that residential developments cost municipalities more in required services, including schools, police, and roads than they raise in additional tax revenues." Plus can our town's roads really handle the increase in vehicle traffic and congestion?·A quick ride around town reveals there is growth and development in so many areas. We have commercial development in North Stoughton going full steam ahead with the planned Targets Department Store and Fridays Restaurant. The excavation is presently going on. Plus we have a large parcel next to Dunkin Donuts on Route 139 near Page Street that looks ready for development.

        ·We have Page Place Condominiums with 42 units, which is an approved 40B being constructed and another 40B that was approved on Technology Drive containing an additional 240 rental units. 

        ·On West Street we have the Village at Ames Pond . On Turnpike Street there is Pine View Village being constructed with 79 homes.

        I am pretty much out of space in this column having only listed a few of the ongoing or new projects in town. I have not even listed any new single-family homes or subdivisions that were recently built or are in the process of being built. Once all this ongoing development and growth comes to fruition, there more than likely will be an alarming increase in traffic and congestion in our town and more demand for town services.

        Whether you are for or against this project make an effort to attend the ZBA meetings and let your opinions be heard. 

        Stoughton resident Bob Mullen is a former member Board of Selectmen, former member and chairman of the Zoning Board of Appeals and a current Town Meeting representative.

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