Category Archives: Uncategorized

ZBA time frames under a 40B application

Norma Cronin, the town’s stellar staff person for the Planning Board and the Zoning Board of Appeals, informed me that I had made an error in the timing for 40B projects before the ZBA.  The ZBA has to convene a hearing within 30 days of its receipt of an application for a comprehensive permit under Massachusetts General Laws c. 40B, and has to render a decision within 40 days after the closing of the hearing.  I had cited the usual ZBA time limits of 65 days to hold a hearing and 90 days to make a decision, but 40B has its own accelerated schedule.

Answers to Questions on Patch about the proposed 40B on West Street

Patch limits responses, and this one would be too long there, so here are my responses to the questions raised about the proposed 40B on Wst Stree.

Shawn Collins asked –

“do the Planning Board members and your fellow Selectmen still have the same opinion of 40R, especially with current sentiment from residents over the Gatehouse Group LLC’s proposed project?”

The opinions of my colleagues on the selectmen and planning board about 40R were expressed at one meeting about employing 40R at the Medfield State Hospital project, so I do not know their current opinions with respect to the Gatehouse project.

“Does the Gatehouse Group benefit from the fact that the Medfield North Meadows LLC’s proposed project was already permitted by the Town back in 2008? Are they (Gatehouse) submitting what is essentially the same plan? What kind of timeline for approval are we looking at here?”

The two 40B proposals are very different from one another, as the current proposal is for 96 rental apartments whereas the previously approved and permitted proposal was for around 37 ownership condominiums.  The prior proposal should have no effect on the current proposal.  Almost all town permitting on a 40B is done by the Zoning Board of Appeals of the Town of Medfield, whereas in the usual course the planning board would permit many aspects of a non-40B development.  Where the ZBA is dealing with so many issues, it often needs multiple hearing dates to get all the information that it needs to be able to make its decision, and each hearing date needs to be advertised weekly for two weeks, so the process can be extended.  Once the hearing is closed, the ZBA has 90 days to issue its written decision.  The members of the Zoning Board of Appeals of the Town of Medfield are all volunteers, and the decisions must perforce get written around their regular jobs, so they often need all that time to get the decisions done.

Under 40B, only 1/4 of the units built need to be actually affordable, and the rest can be market rate units.  With owned units (condominiums) a town only gets credit on its affordable housing totals for the 1/4 of the units that are actually the affordable units, whereas, with rental units (apartments), the town gets credit for all the units in the project towards its affordable housing despite only 1/4 of them needing to be actually affordable units.

As that applies to the West Street site, if my recollection of the number of units in the prior proposal is correct, the town would have only been credited with an additional nine units of affordable housing, whereas the apartment proposal would credit the town with 96 units of affordable housing.

The current proposal is to have all 96 units actually provide affordable housing, despite only being required to have 24 provide affordable housing to qualify under 40B.

Rich Callahan asked “when does the town meet to discuss this significant matter?
Do you know how many states have 40B, can it be overturned?”

The town can go tot he public hearings before the Zoning Board of Appeals of the Town of Medfield on the proposed 40B to provide input on the specific project.  The town meetings and/or the Board of Selectmen meetings are the places to have discussions about affordable housing strategies.  I do not know what is done about making affordable housing possible in other states.  40B was the subject of a recent initiative petition drive, asking that it be overturned, and the state’s voters opted to keep it in place.

Errin Chapin commented “I think it is ridiculous that our town cannot protect itself against these situations. How do you go about getting the state to take this burden into consideration when the project is appealed? Given the fact that the state is already in a position to ruin our town, adding this additional potential development is that much more disturbing. Not sure when the state passed this ramrod bill that they even understood the infrastructure domino effect. I will ask again, is there no tax on developers?”

Impact fees on developments in Massachusetts are controlled by the case of Emerson College v. City of Boston, which set forth a three part test of a legal fee from an unconstitutional tax.  Those criteria were used to invalidate Franklin’s $2500 fee per new house to cover increased school costs.  Massachusetts courts have upheld as OK fees for moorings, annual sewer use charges, and  electrical hook up fees.  Towns are not allowed to charge the developers for the costs that may occur because of the 40B development.  The state’s Housing Appeals Commission has rejected town arguments against 40B projects on the basis of school crowding, drainage, traffic, sewers, water, noise, inconsistency with local plans, environmental degradation, open spaces, and density.

The Board of Appeals must approve the 40B, or it will be approved by the state Housing Appeal Commission.  The trick is for the Board of Appeals to attached reasonable conditions.  The standard is that the conditions may not make the project “uneconomic.”

The Massachusetts rulings have been on the more restrictive end of the spectrum.

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Blake’s MetroWest Adolescent Health Survey Information Night

BMS last night reported, via Susan Cowell and Kelly Campbell, on the results of the results of the November 2010 MetroWest Adolescent Health Survey.  This was the email from Nathaniel Vaughn advising of the event –

MetroWest Adolescent Health Survey Information Night

Every other year our 7th and 8th grade students participate in the MetroWest Adolescent Health Survey. The Education Development Center (EDC) administers the MWAHS to monitor trends in health and risk behaviors among middle and high school adolescents. The survey is funded by the MetroWest Health Foundation, an independent philanthropy providing over $5 million in annual financial support to address the health needs of twenty-five communities in the MetroWest area of Massachusetts. The data from the survey is used to inform planning, policy-making, health education, and prevention programming at the local level. An overview of the data from the 2010 survey for Blake will be presented on Thursday, January 26 at 7:00 p.m. in the Blake Auditorium.

My main take always were –

  • minimal drug and alcohol use – later confirmed by my daughter
  • BMS kids generally reported that they felt more secure, felt a greater ability to talk to an adult at school, and felt they were having fewer problems than kids from the rest of the area
  • 32% reported having been bullied in past year
  • 16% reported having been cyberbullied in past year
  • 7% have thought of suicide
  • 1% have carried a weapon to school
    Map of Massachusetts with MetroWest highlighte...

    Image via Wikipedia

     

The Parent Resources handout is available here via this link https://medfield02052.blog/wp-content/uploads/2012/01/20120126-parent-resources-handout.pdf

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Grief Relief 5k raised $35K

Just heard that the Grief Relief 5 k last Saturday raised $35,000 to send kids who have lost a parent or sibling to camp.  See photos at http://www.dotphoto.com/GuestListShows.asp

Medfield Crime Statistics – ShangrI-La?

These crime figures and charts make Medfield look like a great place to live

http://www.cityrating.com/crime-statistics/massachusetts/medfield.html

MPD – Citations, MVAs, and Arrests

Chief Meaney provided the Board of Selectmen on 8/2/11 his compilation of the data of the number of citations issued, motor vehicle accidents, and arrests for the past three years.  Since he was doing 2011 for January to August, the 2009 and 2010 figures are also for that same period.

Citations were way up from 2009 (213) to 2010 (676), and down in 2011 (395).  Per the Chief, expect an increase in citations going forward as he provides more in directed patrols.

Click to access 20110802-medfield-police-department-citation-crashes-arrests.pdf

Weekly Political Report – Week Ending July 29, 2011

Week Ending July 29, 2011

 

Governor Announces Support for a Single Slot Parlor

With the House Speaker DeLeo’s (D – Winthrop) announcement earlier this month that legislative debate on gambling will begin in September, the Governor on Wednesday announced his support for a single competitively bid slot parlor as part of a bill to allow for casino gaming in-state. The Governor said that expanded gambling will be approved, but that the details of the bill, such as the tax rate charged to casinos, the regulatory framework and other aspects, are still being worked out. According to Senate President Murray and Speaker DeLeo, these details are being finalized by the Joint Committee on Economic Development and Emerging Technologies, which has multiple expanding gaming bills before it.  The debate on gaming legislation and redistricting are expected to take up much of the legislature’s agenda for September, October and November.

House and Senate Approve Sales Tax Holiday for August

This week the House and Senate both gave final approval to a bill suspending sales tax in Massachusetts for the second weekend in August. On a vote of 123-23 in the House and 28-9 in the Senate, the legislature voted to suspend sales tax on items that cost less than $2,500. The bill is expected to cost the state $20 million during the two day period on August 13th and 14th. Governor Patrick said he intends to sign the sales tax holiday bill when it reaches his desk.

 

Massachusetts Unemployment Rates Up in Parts of State, Down in Others

The unadjusted unemployment figures for labor markets across the state were released this week. The data showed that the unemployment rate increased in 17 areas, and decreased in another eight labor markets. The new statistics show that the jobless rate was down from May to June in geographic areas including Barnstable, Pittsfield, Fall River, Nantucket and Tisbury. The statewide employment rate was down .7% from one year ago.

Home Sales Down Significantly in First Half of the Year

The Warren Group released a report this week which showed a dramatic decrease in single family home and condo sales last month. June had the lowest home sales volume of any month in the last 20 years and also saw the tenth straight drop for home sales in the last twelve months. Tim Warren, CEO of the Warren Group attributes the large drop in sales to the inflated homes sale numbers from June, which were affected the availability of homebuyer tax credits.

Unofficial Summer Recess Begins on Beacon Hill

After passing a bill earlier today that would reform the state’s court systems including adding a civilian overseer and how the court’s hiring process works, the House and Senate adjourned until Monday for an informal session. The legislature will be taking an informal August recess, with no formal sessions or committee hearings scheduled for the month. However, the State House will be still be active, with committees reviewing legislation and committee hearings being scheduled for the fall.

John Nunnari, Assoc AIA
Executive Director, AIA MA
jnunnari@architects.org
617-951-1433 x263
617-951-0845 (fax)

MA Chapter of American Institute of Architects
The Architects Building
52 Broad Street, Boston MA 02109-4301
www.architects.org

DCAM Commissioner Agrees to Meet About Clean Up

DCAM Commissioner Carole Cornelison has been good to her word about working collaboratively with Medfield, as she has agreed to have DCAM meet this next week with town officials to seek to work out differences over the MSH environmental clean up issues.

Sign up with Selectmen as Swap Monitor

Those who are interested in being swap area monitors should advise BoS. We will start making appointments 8/2/11.

Residents’ Suggestions for Uses of the Medfield State Hospital Site

Ideas for reuse of State Hospital site submitted on Medfield.Patch:
1.    State Park
2.    Conservation and nature center
3.    Anything but the H-Street Projects
4.    Nature Center
5.    Housing and Community Treatment & Support for those disabled by mental illness
6.    Bulldoze it and put in government subsidized housing
7.    Develop as a hugely haunted destinations
8.    A park
9.    Music school
10.    Concert venue
11.    Conservation land for the Trustees of Reservations
12.    Huge Park and conservation area with place for kids to play, bike/hike trails, etc.
13.    Cultural Arts Center: Artists studios and galleries, outdoor sculpture park, theatre space, dance studios and performance space, all mixed with some lovely shops, restaurants and nature trails.
14.    A family fun place, like Kimball Farms, with pitch & putt, mini-golf, driving range, ice cream, function areas, etc.
15.    Movie set for horror films
16.    Would make a great college or corporate campus –  bring some jobs and tax revenue into the town without overly stressing town services (two other people on Facebook liked this idea)
17.    Short answer is a little of everything: Housing, seniors, recreation and a lot of open space.
18.    Medfield College (two other people on Facebook liked this idea)
19.    Medfield College. Kids can go right from MHS to MC and never leave.
20.    Country Club –  a very nice one with golf, swimming and tennis.
21.    A working farm
22.    Small agricultural college
23.    Small agricultural college affiliated with the UMass System. Similar to UMass Medical in Worcester but the Agi in Medfield. The town would get state revenues to make it happen ad it would mean more jobs for the town.
24.    Umass-Medfield
25.    Medfield State College (just like Disney)
26.    It’s too bad they couldn’t use it for a small college campus or something of that nature. Although I think many people in town would prefer it was a convent or something where the residents are quiet and don’t demand services or create traffic ;
27.    Nancy Coakley, 10:57am on Friday, July 8, 2011 – I would like to see considered a mini mall, similar to Cobbs corner or a smaller version of Legacy Place. Business, Retail, some apartments and condos. It would bring tax revenue and jobs at the same time be less on sewer and water usage. The design could be an Old New England Town style. Traffic might be a small issue but the jobs it would create (including summer jobs for students) and tax revenue to the town seems like a good option.
28.    Colleen M. Sullivan, 11:24am on Saturday, July 9, 2011 – I would love to see that area restored and used for either a college campus or some sort of golf/recreation area….The history of those buildings is unique and they should not be bulldozed to be replaced with housing!
29.    Wayland Commons idea – affordable housing, 55+ housing, small business condos, restaurants, neighborhood shopping. Also like the idea of going to our roots: providing housing for the mentally ill, with agricultural facilities available so that they can work on the land. Also like idea of seeing if a portion of the land could be restricted for conservation/recreation with Trustees of Reservation oversight – Also provide for a youth/community center. – Posted 12:39pm on Friday, July 8, 2011 by Rachel Brown
30.    Open space. There is no tax revenue generating use that would not burden the town with demand for additional services. – Posted 7:44am on Saturday, July 9, 2011 by Steve Buckley
31.    I think that a private elementary school or college would be a great use of the grounds. I was up there in April. The buildings, while in a horrendous state of disrepair, are for the most part, architecturally stunning. The property itself is incredible.  The space would be great for a sporting facility as well. The town could use an indoor facility for swimming, baseball, basketball, track, and hockey. And the golf course idea had some merits as well.  I would rather face the potential runoff of fertilizer than the 2,000 plus residents that would occupy the current plan. We can always use “green” fertilizer. 😀  Definitively, not a facility that will increase the burden on our town services. And if it ends DCAM forces through the current development idea, then the state should be mandated to pony up for police/fire and school problems that arise from the inundation of people on our town. – Posted 7:55am on Wednesday, June 8, 2011 by Errin Chapin

Ideas for reuse of State Hospital site submitted directly to Osler L. Peterson

John Harney
Dear Pete,
Happened on your blog while searching about for any sound data on Oleana
Foundation.  You ask therein for readers’ positions re. the hospital
redevelopment.  You probably believe that you have a sense of mine but I  will,
nonetheless, suggest that priority should be given to The Commonwealth’s
obvious responsibility for a thorough clean-up of the entire former  hospital
site.  I would not accept a pass off of that responsibility  to a developer and
certainly not, in any part, to the Town.  We have  an obligation to see
that the environmental damages wrought and the threats  to health and safety
are fully assessed and professionally certified  remediation is effected.  I
include the buildings and infrastructure –  heating, water and waste lines –
to be among The Commonwealth’s obligatory  undertakings.

There is little doubt that the area, so abused over the century plus of
state ownership, would be best spared further heavy development.  Its very
location on the banks of a river and an aquifer, proximate to a residential
neighborhood and schools as well as a recreation area, argues for a  largely
“open space” resolution.  Failing that outcome, a  non-intensive development
with some tax benefit to the Town would be  reasonable.  The vague
suggestion of a college sounds attractive but gives  rise to many, many questions
over a range of concerns beginning with capital  assets of any proponent.  One
of the great concerns a number  of citizens have had over the past several
years if the failure of The  Town’s officials to propose a plan for the
property.  The state, with local  authorities cooperating, filled a vacuum with
unacceptable legislation  which now appears ripe for rescinding.

Your open approach to full and open discussion of Town issues is very much
appreciated – at least in some quarters,  Thank you.

Peace,
John
*********************************
Wally Hersee
Sturbridgecommon.com
Hersee@gmail.com
198.228.196.102
Submitted on 2011/07/07 at 6:16 pm

A portion of the land could be divided into agricultural packets to encourage farming. So many acres offered to those willing to work the land. Criteria could be set. A house, and “barn” to be built on the land. A particular type of farm would have to be established, such as dairy, orchard, vegetable, flower. Benefits are many. Folks would have to qualify, but land would eventually be at no cost if the person stayed on land that was productive for x amount of years. Taxes would be paid. This would be like a “development” from the 1960?s, but for farming.
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Jill Vollmuth
jvollmuth@gmail.com
71.174.126.242
Submitted on 2011/07/07 at 3:18 pm

I believe every attempt should be made to preserve the land and historic buildings at the State Hospital. It should NOT be a golf course, or a sports complex, both of which would consume enormous amounts of energy and water to run (and, in the case of a golf course, would no doubt add huge quantities of toxic fertilizers and herbicides to the soil.) It should NOT be a developed community, again putting a strain on our energy sources, school system, and town resources. Both of these ideas would completely change the landscape and greatly upset the natural environment and wildlife habitats. This land is one of the most beautiful, undeveloped open spaces in our area, and yet many people seem to want to “build” something on it in order to “improve” it. I don’t know enough about the buildings to make an informed recommendation about renovating them. I know it would be costly; but it seems that it would have a far greater environmental impact, not to mention the historical impact, to tear them all down and put up new buildings. I would love to see the hospital become an arts institute, or a small technical or agricultural/environmental studies college. It would seem that the elevation at the highest point of the property would be a perfect location for a few wind turbines, which would provide energy for the school, and the focus of work at the school could be conducted using sound, ecological practices. Where might we find someone to take on such a project? Large universities who it might interest as an extension school? Some environmental engineering schools or companies? I wouldn’t know where to start, but if this is a direction others wish to consider, I would be willing to participate in a search for prospective buyers. But, again, PLEASE!!!! NO HOUSING DEVELOPMENTS, SPORTS COMPLEX, OR GOLF COURSE!! Thanks.
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Karen Veit Scotti commented on your link.
Karen wrote: “What about a senior living community with step down options (independent apartments, assisted living, nursing home)? Affordable houseing units could also be located there to make the 10% we need as a town.”
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Rosemary O’Brien Pete, the housing use is being revisited? Should agriculture (other than hay fields) be in the mix?
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Hi Mr Osler,
I am just retrurning from vacation and got an email from Bill Masarro re your meeting tomorrow with the state.
He suggested we could email you with our thoughts re reuse of MSH.
One possibility mentioned was the town buying the land for its use. I think it would be prudent and essential that before that would be given any serious consideration that the full scope of any hazardous waste/toxins and the clean up and cost for doing so be completed so our town would not be left with that burden which could be a horrendous cost. Also any need for ongoing monitoring costs be identified.

The Oleana foundation sounds interesting but I only see a VERY basic web page that looks like this project is early in development/concept. Having just finished putting two children thru college I LOVE their mission statement!
Not much else avail to look at on the internet when plug in this org. It is not clear what their funding is or their present ability to operationalize their ideas. The idea of a place of higher learning is appealing but would also want to know what costs it would bring to the town. IE how much would services be-cost of water; sewer etc. Also assume this would be a tax free org; but the senior retirement village that is part of their proposal to help offset the burden to the town is interesting. Maybe when you meet you will learn that things are further along than their web site looks.

I think the housing idea proposed in past gives a very large number of units and would be concerned about the towns ability to support it.

I am not sure what else is being proposed. It is too bad a way to keep the majority of the land and its beautiful trees intact can’t be found.

I think the town needs to be open to any ideas that are brought up but wary of the potential costs to town. I feel we need to be very critical of cost projections both in terms of benefits to the town and impacts on the town.

Above all I want the clean up of the site to be thorough; complete and well done!! I don’t want to have to worry about the water I drink or the air I breathe.

Thanks for taking the time to read this. Am looking forward to learning about what is brought up.

Sincerely
Donna Quinn
************************************

Bill Massaro
Pete,

Thank you for the opportunity to comment in advance of your meeting with the Secretary on Monday.

As you know my main concern with the existing plan was the size of the development and the accuracy of the DCAM- provided cost/benefit analyses which made this shotgun wedding look like a made-in-heaven union. As I started challenging almost 3 years ago: underestimated costs–overestimated benefits.

I recognize the element of “it’s inevitable, so let’s enjoy it ” inherent in the acceptance of the Legislation, but I have never been one to accept anything as inevitable.  (I expect death is going to come as shock to me!)  At the very least I felt the Town ought to find some way to get the real costs in order to be fairly compensated for the unholy union.

I had previously raised issues  about  marketability of 200 senior housing units and the risk of all 440 units reverting to non-age-restricted and the subsequent increase in an already underestimated student impact.  I raised environmental issues.  I pointed out the high number of DMH units imposed on Medfield and the uncertainty of how their clients would be supported. I raised  the issue of free water forever.  I challenged DCAM’s wisdom in risking damage to the water tower by installation of antennas.  All of these were part of my concerns to identify and hopefully minimize  cost to the town and harm to residents.  The likelihood of a developer’s need to build more or different types of units to recover costs of unforeseen hazardous material remediation and building renovation was as significant a concern as changing real estate markets..

So, in broad terms, any acceptable  Alternative Use  proposal should :

1.) Be Town Cost/Revenue Neutral (at worst) and cover
-New sewers/utilities
-Highway improvements
– Sidewalks
-Water Tower
-Clarke Building demolition

2.) Indemnify the Town from existing known/unknown environmental hazards on site.
3.) Not risk new/greater exposure to environmental hazards
4.) Address the current condition of the buildings
5.) Not significantly alter the existing viewscape.
6.) Not significantly add to sound, light or other environmental pollution,
6.) Be Viable in its original design/form over the long term

Ideally, I would like to see the buildings re-surveyed to realistically determine their re-use potential, and demolition of everything that doesn’t make the cut. Buildings found structurally sound but sealed under the Administrative Consent Order  would be remediated by the State or demolished.   I would like the Town to then be able to purchase the property with indemnification from the State for environmental issues.  A significantly reduced number of buildings, more open space, lowered security costs….

Again, thank you for this opportunity.

Hope you have a great weekend and i wishh you ( and the Town) good luck on Monday,

Bill