Chapter 40B from the municipality’s
perspective:
A tale of two towns
Keith A. Bergman
Littleton Town Administrator (2007 - )
Former Provincetown Town Manager (1990-2007)
Meaningful Municipal Input into the 40B Process
September 20, 2013
My 40B Journey:
Littleton
Provincetown
Provincetown, MA



Provincetown’s goal: to meet workforce housing needs
“Friendly” 40Bs the rule-- not the exception
Constructed, extended sewer system allowing additional capacity
for affordable housing
◦ It takes a sewer to build a village

Adopted Community Preservation Act for housing
◦ 3% surcharge on top of 3% Cape Cod Land Bank

Seashore Point / Cape End Manor Care Campus
◦ Used CPA funds for New England Deaconess Association to preserve
nursing home, add assisted living units

Province Landing – 90 Shank Painter Road
◦ Used CPA funds to acquire property at half price from Cumberland
Farms with MHP pre-development assistance


Zoning amendments to promote housing
2005 CHAPA Leadership Award
Provincetown, MA
Seashore
Point
Province
Landing
My 40B Journey:
Littleton
Provincetown
Littleton, MA



Goal: achieve 10% and control 40B
2005 Planned Production expired 2010
Bumps in the road
◦ Charles Ridge 40B bankruptcy
◦ Farms on the Common never completed




Village Green 190 rentals approved 2013
S.H.I. increased from 8.45 to 13.97%*
Host Community Agreement’s goal to stay
above 10% through 2031
Housing Production Plan to be updated
Littleton S.H.I.
Managing 40B
Case study: Village Green, 15 Great Road, Littleton March 2011 to February 2013
 Spring/Summer of 2011

◦ MassDevelopment eligibility review
◦ Board of Selectmen managed public comments process,
April – May 2011
◦ Obtained MHP technical assistance for ZBA
August 2011 – Fifteen Great Road II LLC filed first
comprehensive permit application with ZBA
 February 2012 – developer files amended
comprehensive permit application with ZBA
 February 2013 – ZBA comprehensive permit issued

Managing 40B
Managing 40B

June 2011 - MassDevelopment eligibility letter issued
◦ One building “does not benefit from topographic buffering” and “could
benefit from further mitigation”






August 2011 – developer submitted comprehensive permit
application to ZBA
Developer revises CP application in February 2012
Planning Board reviews ANR plan and adjacent subdivision, to be
served by 40B WWTF
Abutters, developer negotiate their agreement, reached August
2012
Selectmen, developer negotiate host community agreement
Approvals finalized February 2013
◦ ZBA approves comprehensive permit, 2/14/13
◦ Planning Board approves adjacent 19-lot subdivision , 2/14/13
◦ Selectmen approve Host Community Agreement, 2/11/13.
15 Great Road site
Approval Not Required (ANR) Plan – 2 lots
Village Green Apartments – 40B


Zoning Board of Appeals grants comprehensive permit
All 190 rental units count towards 10% goal
The Orchards – 40A

Planning Board acts on subdivision – either conventional
or “open space” plan
Apple D’Or tie-in to WWTF

5 Non-Easement lots do not require
town meeting approval
Apple D’Or tie-in to WWTF

7 tax title Easement Lots,
(easements disapproved by 5/6/13
town meeting)
Host Community Agreement

Bundled all Town-developer issues in one
document
◦ Provided framework for resolving issues without
litigation

Respected authority of decision-makers
◦ ZBA, Planning, Town Meeting, MassDEP


Provides own with mitigation from developer
Amounts depended upon decisions reached
◦ Enforceable outside of regulatory decisions

Provides framework for keeping Littleton above
10% through 2031 if 190 rental units became
ownership
HCA mitigation amounts

ZBA approved 40B and Planning Board
approved 40A “open space” plan
+
+

$494,125 19 lots @ 4.25% +$50K
270,000 5 non-easement lots @ 8%
$764,125 Sub-total mitigation
If Town had approved 7 “easement lots”
+
250,000 For 7 “easement lots”
= $1,014,125 Total mitigation
+
191,000 Back taxes on tax title lots
+
$1,205,125 Grand total w/taxes
Achieving 10% goal under 40B

Baseline . . .
Subsidized units
Total housing units

3,443
= 8.45%
Plus 190 rentals from Village Green– all rentals
count towards 10% goal
Subsidized units
Total housing units*

291
481
3,443
= 13.97%
If ownership, only 48 (25% of 190) for 9.85%
* Total based on2010 decennial census, next adjusted in 2020
Maintaining 10% goal under 40B

With approval of 190 units:
Subsidized units
Total housing units

3,443
= 13.97%
2020 decennial census projection*
Subsidized units
Total housing units*

481
481
3,900
= 12.33%
Need 390 units stay above 10% . . .
◦ Developer to keep 100 of its190 on S.H.I., if rental were
to become ownership units.
◦ Town to monitor, maintain existing inventory; explore
affordable units of Town’s choosing
* Adds 190; 26 in 2010, 16 in 2011, 34 in 2012; est. 25/year to 2020
R.H.S.O.
Regional Housing Services Offices in MAPC’s
MAGIC subregion
 Sudbury, with Acton, Bedford, Concord, Lexington,
and Weston
 Hudson, with Boxborough, Bolton, Littleton, and
Stow
 Preserve existing Subsidized Housing Inventories

◦ Deed restrictions, compliance monitoring, S.H.I.
administration

Provide support for local affordable housing
efforts
Contact
Keith A. Bergman
Littleton Town Administrator
37 Shattuck St., Littleton, MA 01460
kbergman@littletonma.org
978-540-2461