Safe Harbor claimed for Rosebay


The Zoning Board of Appeals of the Town of Medfield notified the Rosebay applicant at the initial August 15 hearing last Thursday that the Town of Medfield was claiming its safe harbor rights, but that the ZBA would still proceed with the hearing to see if the applicant and the ZBA could get to an acceptable compromise on the project that the ZBA can support.

Below is the town’s special counsel’s notice to the Rosebay developer.

BLATMAN, BOBROWSKI & HAVERTY, LLC ------ATTORNEYS AT LAW------ PAUL}. HAVERTY Paul@bbhlaw.net HAND DELIVERED Brian J. McMillin, Manager Newgate Housing LLC 61 Blueberry Lane Westwood, MA 02052 9 DAMONMILL SQUARE, SUITE 4A4 CONCORD, MA 01742 PHONE 978.371.2226 FAX 978.371.2296 August 15,2019 RE: The Rosebay At Medfield - Pound Street, Medfield, MA Notice of Safe Harbor Pursuant to 760 CMR 56.03(8) Dear Mr. McMillin: Please accept this correspondence as formal notification on behalf of the Medfield Zoning Board of Appeals (the "Board"), pursuant to 760 CMR 56.03(8), that the Board has determined that the "Housing Production Plan" Safe Harbor, pursuant to 760 CMR 56.03(4), is applicable to the comprehensive permit application filed by you on July 19, 2019. The Board timely-opened its public hearing on August 15, 2019. Pursuant to 760 CMR 56.05, the Board has fifteen (15) days from this hearing to provide you written notice of any Safe Harbor claims it may have pursuant to 760 CMR 56.03(3) through (7). Please accept this correspondence as written notification that the Town of Medfield has the benefit ofthe Housing Production Plan Safe Harbor pursuant to 760 CMR 56.03(4). Pursuant to a letter of certification issued by the Department of Housing and Community Development ("DHCD") dated June 10, 2019, the Town has a one-year Safe Harbor which commenced on May 10,2019 and which runs through May 9, 2020. A copy ofthe DHCD certification letter is attached hereto as Exhibit 1. While the Board has determined that the Housing Production Plan Safe Harbor is applicable, the provision of such notice does not constitute a determination on the merits of the Project. This notice is provided to protect the Town's rights with regard to the Housing Production Plan Safe Harbor, which would be lost if notice was not provided within the fifteen (15) day period proscribed by the Regulations. The Board remains open-minded about the development that has been proposed, and intends to conduct a thorough review to determine whether legitimate issues of local concern may be adequately addressed through changes to the project design. If you have any questions regarding this correspondence, please feel free to contact me. Cc: Phil DeMartino, DHCD Sarah Raposa, Town Plmmer 2 Commonwealth of Massachusetts DEPARTMENT OF HOUSING & COMMUNITY DEVELOPMENT Charles D. Baker, Governor + Karyn E. Polito, Lt. Governor + Janelle L. Chan, Undersecretary June 10,2019 Mr. Gustave Murby, Chairman Medfield Board of Selectman Town House/ 459 Main Street Medfield, MA 02052 Housing Production Plan- Certification Approved Dear Mr. Murby: The Department of Housing and Community Development (DHCD) certifies that the Town of Medfield is in compliance with its Housing Production Plan. This certification is effective for a one year period beginning on May 10,2019 to May 9, 2020. This Certification of Municipal Compliance is based on the following findings: 1. Medfield has provided evidence that the required number of units described in its request is eligible to be counted towards certification. 2. The 27 Subsidized Housing Inventory (SHJ) eligible units in this project (Medfield Meadows SHl ID # 10290 meet the number (21) necessary to satisfy a one year certification threshold~ 3. The housing development is consistent with the production goals outlined in Medfield Housing Production Plan. Please note that all units must retain eligibility for the SHJ for the entire certification period. If units are no longer eligible for inclusion on the SHI, they will be removed and will no longer be eligible for certification. This action may affect the term of your certification. I have included an updated list of SHI eligible units. Medfield's current SHI stands at 8.29%. If you have any questions or need assistance, please contact Phillip DeMartino, Technical Assistance Coordinator, at (617) 573-1357 or Phiilip.DeMartino@state.ma.us. Associate Director, DHCD cc Senator Paul Feeney Representative Shawn Dooley Representative Denise C. Garlick Sarah Raposa, Town Planner, Medfield Michael J. Sullivan, Town Administrator, Medfield John J. McNicholas, Acting Chair, Zoning Board of Appeal 100 Cambridge Street, Suite 300 Boston, Massachusetts 02114 www.mass.gov/dhcd 617.573.1100 Medfield DHCD ID# 1890 1891 1892 1893 4360 9953 10062 10063 10221 10222 10290 6/10/2019 DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT CH408 SUBSIDIZED HOUSING INVENTORY Bulltw/ Total SHI Affordability Comp. Subsidizing Project Name Address Type Units Expires Permit? Agency Tilden Village 30 Pound Street Rental 60 Perp Yes DHCD Allendale Dale Street Ownership 17 Perp YES DHCD DHCD The Village at Medfield Turtle Brook Way Ownership 6 Perp YES DHCD DHCD ~~------- Wilkins Glen Wilkins Glen Road Rental 103 2042 YES MassHousing DHCD DDS Group Homes Confidential Rental 5 N/A No DDS The Pare at Medfield One Gateway Drive Rental 92 Perp YES DHCD Country Estates 21, 25, & 29 Hospital Rd Ownership 8 Perp YES MassHousing Cushman House aka Cushing 67 North Street Rental 8 Perp YES DHCD House 71 North Street 71 North Street Rental 8 Perp YES DHCD Hillside Village 80 North Meaovvs Road Rental 16 Perp YES DHCD Medfield Meadovvs 41 Dale St Mix 27 Perp DHCD Medfield Totals 350 Census 2010 Year Round Housing Units Percent Subsidized 4,220 8.29% Medfield Page 1 of 1 This data is derived from information provided to the Department of Housing and Community Development (DHCD) by Individual communities and is subject to change as new information is obtained and use restrictions expire.20190815-BBH-Safe Harbor Notification 08-15-19_Page_220190815-BBH-Safe Harbor Notification 08-15-19_Page_320190815-BBH-Safe Harbor Notification 08-15-19_Page_4

 

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