Experiencing 40B in Norwell An educational presentation on the abuses of 40B legislation on the South Shore (7/31/2008)
Goal Demonstrate the impact of the financial and environmental abuse  of 40B legislation Seeking a moritorium on 40B projects a better solution to affordable housing
Agenda….. Norwell and the South Shore Affordable Housing in Norwell 40B projects in Norwell today Problems with Developers Impact on town Impact on environment Lies and illegal actions Town, Homeowner expense
(1) Norwell, MA
South Shore Plymouth  1620  Norwell  1628 NORWELL Area 21.2 sq. miles 100% Land 20.9 sq. miles   98.5% ((Wetlands  6.4+ sq. miles  30%+)) Water   0.3 sq. miles   1.5% Under 14 sq. miles useable land
 
South Scituate Map 1871
Norwell 1891
South Shore – Google Map
Norwell:  a rural town Settled in 1628 Indian settlements before that Part of Scituate from 1636 until 1849 Early shipbuilding, forestry, farms Today mostly residential Small business/commercial areas Town water from aquifer,  all septic systems Lots of wetlands and surface water Winding, narrow country roads, drainage problems Yankee town… always stretching tax money
Zoning
(2) Town of Norwell Affordable Housing Plan  January 23, 2006  document… “ After a population explosion in the 1950s and 1960s, Norwell’s population stabilized and remained static from 1973 through 1996. In 1997 the population increased by 6%, but it has remained stable since then.  Largely as a result of Norwell's unusual soil and water table situation, its rate of growth has remained less than all of its neighboring towns.” “ Norwell…is endowed with much land which  has traditionally been regarded as unbuildable - wetlands, dense glacial tills, and areas of clay soils.  This …has limited the number of available building lots in Norwell for …decades. …the fundamental scarcity of good lots in Norwell, has caused the cost of a building lot …to skyrocket. It is difficult to find a building lot …for less than $300,000.  At that price… building affordable units in single-family homes in Norwell is not feasible.”
Norwell Affordable Housing Situation The Town has made efforts on affordable housing There is Section 8 housing in town One  40B project completed in 1993 Two  40B projects completed in 2000, 2002 There are  seven  (7) 40B projects in various stages in 2008.  This is now the developer’s route of choice.  Developers are looking to maximize profits. Recent development has included McMansions on single buildable lots.  The remaining large parcels are mostly backlands which cannot be developed other than under 40B, dodging bylaws.
Where is the Affordable Housing?
(3a) Norwell Low and Moderate Income Housing Projects under 40B West End Way ,  completed  in 1993 under a comprehensive permit pursuant to 40B by the town of Norwell, 4.67 ac.  4 units, 1 affordable Jacobs Estates , Assinippi,  completed  in 2000, 44 independent living 62+ condos + 1 manager condo =  45 units , 11 affordable  on 5 ac. Silverbrook , South Street,  completed  in 2002; originally filed for 99 units on 24 ac. as 74 market rate units, 25 affordable;  revised to and built as  40 detached units ,  10 affordable  units on 24 ac.  Washington Place / Washington Woods , Washington Street, under construction, 3/2002 applied for  39 condos, 10 affordable , on 11 ac.  10/2003 granted permit with conditions, appeals on wetlands issues. Autumn Woods , Summer Street (pending approval) 5.9 ac.  12 condos, 3 affordable in Norwell  plus 16+ ac. 12 condos, 3 affordable in Scituate  Damon Farm,  Washington Street (pending approval)  32 condos , 11 buildings with  24 condos, 6 affordable  on 8.5 ac. in Norwell.  Hingham approved 4 buildings with 8 condos, 2 affordable.  Queen Anne’s Corner  TRAFFIC
(3b) Norwell Low and Moderate Income Housing Projects under 40B Norwell Commons , South Street, (pending approval)  198 rental units, 50 affordable  on 36.79 ac. (2) 3 story buildings with 24 units each plus (3) 4 story buildings with 50 units each.  (95) 1BR, (95) 2BR, (8) 3BR =  309 BR Simon Hill Village , Simon Hill/Prospect Street (pending approval), originally filed for 198 condos , revised on 5/28/08 to  84 condos, 21 affordable  on 28.7 ac (22.6 wooded ac. and 6.1 ac. wetlands) in flood plain district, watershed and wetlands protection district, residential district A.  (Developer lost control of some land, scaled back.)  WETLANDS, HISTORIC INDIAN BURIAL SITE, ENDANGERED SPECIES Tiffany Hill,  Tiffany Road (pending resolution of lawsuits), 6-20-03 applied for 66 condos; 4-14-04 reduced to 48 condos; 5-12-04 changed to  44 condos, 11 affordable  on 18.4 ac.  WETLANDS White Barn Village , White Barn Lane/Circuit St/Forest St (pending resolution of lawsuits) filed for 44 units, 11 affordable; changed verbally but not in filings to  40 units, 10 affordable  on 9.5 ac.  WETLANDS
Additional Norwell Low and Moderate Income Housing Norwell Knoll , Washington Street, 100 subsidized elderly housing units Habitat for Humanity , 1 house on South St. Section 8 housing , est. 200 units Pilgrim Motel, 405 Washington St. Park View Inn, 350 Washington St. Capeway Motel, 149 Washington St.
Additional Norwell Housing Efforts Donovan Farms , off Circuit Street, age 55+ condos, cluster zoned housing,  required revised town bylaws to preserve wetlands and open space  This is the Village Overlay District 44 units clustered on 45 acres  Walking paths, wetlands, wildlife habitat
(4) The Problems with 40B Developments Endangered species and wildlife habitat Wetlands Impact on neighborhood drainage Impact on roads, traffic Impact on services:  water , police, fire, schools Developer financial abuse, lack of cooperation
Wildlife Habitat
Eastern Box Turtle At Stetson Meadows, proposed cemetery site; on land proposed for  White Barn Lane and Simon Hill 40B projects
Blue Peregrine Falcon, Simon Hill
Yellow Spotted Salamanders are seen in the Simon Hill area
Deer, Hawks, Coyotes, Fox, Turkeys…
Geese, ducks, raccoons…
Wetlands
Role of Wetlands Role in ecology & hydrology of watersheds Wetland functions wildlife habitat  and food chain support surface water  retention or detention groundwater  recharge (filter surface water runoff) nutrient  transformation Wetland values support for commercially valuable fish and  wildlife flood control ,  reduced erosion supply of  drinking water , enhancement of  water quality recreational  opportunities
North River area
Impact on Drainage
Simon Hill Survey Map
Mass DEP Wetlands Map
Impact on roads, traffic
Roadways
Impact on Town Services Water , Police, Fire, Schools Official Website of the Mass. Dept. of Fish and Game… Low Flow Inventory South Coastal Basin  Suspected Causes  Water Withdrawals  Several sources have noted that  Third Herring Brook in Hanover and Norwell  (not to be confused with Third Herring Brook in Pembroke ) is severely depleted by nearby public water supply wells for the Town of Hanover.  The Water Commissioner for the Town of Norwell reported that a several-hundred-foot stretch of river below the town wells for Hanover and Norwell near Pond Street in Hanover and South Street  in Norwell has repeatedly run dry  (4).
Impact on Town Services Water , Police, Fire, Schools Norwell has lawn and garden watering , etc.  water restrictions  nearly every year Last year Water Department customers were  threatened  with fines, penalties, and water disconnection for violations Adding 700 units to as 3500 housing unit town with  water problems  today is crazy. We need a  complete building moritorium  until adequate water is available to all.
Financial Abuse of 40B Developers use  shadow companies  to inflate the cost of land &development in Norwell & elsewhere. Neighbors & the town are forced to manage the  environmental  impact  of increased drainage problems.  Neighbors are never made whole from increased water damage. Neighbors & the town are forced to  hire lawyers  to fight environmentally disastrous 40B proposals. 40B hurts towns, neighborhoods, and families. We see Senator Robert Hedlund making it an issue… the Patrick administration needs to help on 40B
Unique Features
Water Resources
Open Space
Buildout Status
Town Owned Protected Land
Town wned Property
Norwell Master Plan Recommends Create a green network to Preserve open space to  protect water Protect continuous open space along water corridors Promote public awareness of  historic sites Manage residential development to preserve town character Support affordable housing, considering use of town properties, mixed use zoning, and other strategies Increase non-residential tax revenues Improve appearance and function of Route 53 Make Norwell Center a focus of community Traffic calming strategies on high traffic roads Create safe network of walking and bike paths Study town facilities needs and alternative uses of town properties
Here are the 40B Projects
Mass GIS  2005  Jacobs Estates
Mass GIS  2001  Silver Brook
Mass GIS  2005  Silver Brook
Tiffany Road 40B
Route 53 – Washington Woods -  2002
Mass GIS  2002  Washington Woods
Washington Woods –  2002 to 2004 1 Jan 2004
Route 53 – Washington Woods -  2008
Route 53 – Washington Woods -  2008
The Patriot Ledger  and  Boston Globe Real Estate Ads 7/2007 and 2/2008 NORWELL  SUNDAY, 1-3 & MONDAY, 4:30-7. WASHINGTON WOODS. 239 Washington St., Unit #5. THE BEST PLACE TO LIVE BETWEEN BOSTON & THE CAPE IS NOW IN NORWELL at Washington Woods! Nantucket shingle-style  luxury condominium  residence (non-age restricted). A luxurious lifestyle with commuter convenience.  $539,000  02-24-08 Boston Globe Magazine  ½ page color ad Washington Woods – Phase I Now Complete – Two Bedroom  luxury condominiums starting at  $585,000
White Barn Lane 40B
This land was once flat fields
Now it isn’t
Mass GIS  2005  White Barn Lane
Forest & Circuit Streets water  (600 photos worth)
Spring 2010 Storms
Traffic
Traffic on Forest Street Forest Street December 5, 2007 Forest & Circuit Streets March 26, 2008 Forest Street July 2, 2008
The Culvert Lawsuit
Mass GIS  2005  Norwell Commons
Simon Hill 40B
Town-wide 40B Problems Intrusion on wetlands Impact on water table and surface water Health hazards:  more water, more mosquitoes Inappropriate density, size Impact on wildlife, endangered species Geese, hawks, owls, bats, coyotes, fox, rabbits, turkeys, squirrels, deer, skunks, deer, …. Endangered turtles, salamanders, plants Impact on traffic, schools, police, fire Changing character of the town, lost open space No incentive to maintain affordable units by residents
Lies and Dirty Tricks Attempts to avoid escrow Nonpayment of amounts owed for fees, expenses Misleading engineering reports Unwillingness to provide drainage, sewage treatment data Traffic studies done at inappropriate times Poorly done, misleading environmental studies  No pro formas filed Incomplete filings Broken promises on payments  Developer strategy has been to go to court for 40B approvals Warren Baker
Stop the Madness Work with towns  on affordable housing  Incentives for cities and towns to act directly Housing needs nearby transportation and jobs Smart growth, not 40B growth Remove incentives for developers to violate environmental bylaws Enforce financial auditing (good start) Immediate moratorium on 40B projects
Letters and Tea Bags "We, the Board of Selectmen and residents of the Town of Norwell, are fast reaching that point of civil disobedience, and the spark for our explosion are the provisions of the Mass. General Laws Chapter 40B,“  …  Norwell selectmen, letter to Gov. Patrick, June 11, 2008 "Chapter 40B has been a significant detriment to the 'moral cause' of developing affordable housing, and has been extremely divisive in almost every community,"  … Marshfield selectmen, Boston Globe, July 31, 2008
"The government solution to a problem is usually as bad as the problem."    Milton Friedman  (1912 –2006)  American Nobel Laureate  economist  -- please work with the towns --

Experiencing 40B in Norwell, MA

  • 1.
    Experiencing 40B inNorwell An educational presentation on the abuses of 40B legislation on the South Shore (7/31/2008)
  • 2.
    Goal Demonstrate theimpact of the financial and environmental abuse of 40B legislation Seeking a moritorium on 40B projects a better solution to affordable housing
  • 3.
    Agenda….. Norwell andthe South Shore Affordable Housing in Norwell 40B projects in Norwell today Problems with Developers Impact on town Impact on environment Lies and illegal actions Town, Homeowner expense
  • 4.
  • 5.
    South Shore Plymouth 1620 Norwell 1628 NORWELL Area 21.2 sq. miles 100% Land 20.9 sq. miles 98.5% ((Wetlands 6.4+ sq. miles 30%+)) Water 0.3 sq. miles 1.5% Under 14 sq. miles useable land
  • 6.
  • 7.
  • 8.
  • 9.
    South Shore –Google Map
  • 10.
    Norwell: arural town Settled in 1628 Indian settlements before that Part of Scituate from 1636 until 1849 Early shipbuilding, forestry, farms Today mostly residential Small business/commercial areas Town water from aquifer, all septic systems Lots of wetlands and surface water Winding, narrow country roads, drainage problems Yankee town… always stretching tax money
  • 11.
  • 12.
    (2) Town ofNorwell Affordable Housing Plan January 23, 2006 document… “ After a population explosion in the 1950s and 1960s, Norwell’s population stabilized and remained static from 1973 through 1996. In 1997 the population increased by 6%, but it has remained stable since then. Largely as a result of Norwell's unusual soil and water table situation, its rate of growth has remained less than all of its neighboring towns.” “ Norwell…is endowed with much land which has traditionally been regarded as unbuildable - wetlands, dense glacial tills, and areas of clay soils. This …has limited the number of available building lots in Norwell for …decades. …the fundamental scarcity of good lots in Norwell, has caused the cost of a building lot …to skyrocket. It is difficult to find a building lot …for less than $300,000. At that price… building affordable units in single-family homes in Norwell is not feasible.”
  • 13.
    Norwell Affordable HousingSituation The Town has made efforts on affordable housing There is Section 8 housing in town One 40B project completed in 1993 Two 40B projects completed in 2000, 2002 There are seven (7) 40B projects in various stages in 2008. This is now the developer’s route of choice. Developers are looking to maximize profits. Recent development has included McMansions on single buildable lots. The remaining large parcels are mostly backlands which cannot be developed other than under 40B, dodging bylaws.
  • 14.
    Where is theAffordable Housing?
  • 15.
    (3a) Norwell Lowand Moderate Income Housing Projects under 40B West End Way , completed in 1993 under a comprehensive permit pursuant to 40B by the town of Norwell, 4.67 ac. 4 units, 1 affordable Jacobs Estates , Assinippi, completed in 2000, 44 independent living 62+ condos + 1 manager condo = 45 units , 11 affordable on 5 ac. Silverbrook , South Street, completed in 2002; originally filed for 99 units on 24 ac. as 74 market rate units, 25 affordable; revised to and built as 40 detached units , 10 affordable units on 24 ac. Washington Place / Washington Woods , Washington Street, under construction, 3/2002 applied for 39 condos, 10 affordable , on 11 ac. 10/2003 granted permit with conditions, appeals on wetlands issues. Autumn Woods , Summer Street (pending approval) 5.9 ac. 12 condos, 3 affordable in Norwell plus 16+ ac. 12 condos, 3 affordable in Scituate Damon Farm, Washington Street (pending approval) 32 condos , 11 buildings with 24 condos, 6 affordable on 8.5 ac. in Norwell. Hingham approved 4 buildings with 8 condos, 2 affordable. Queen Anne’s Corner TRAFFIC
  • 16.
    (3b) Norwell Lowand Moderate Income Housing Projects under 40B Norwell Commons , South Street, (pending approval) 198 rental units, 50 affordable on 36.79 ac. (2) 3 story buildings with 24 units each plus (3) 4 story buildings with 50 units each. (95) 1BR, (95) 2BR, (8) 3BR = 309 BR Simon Hill Village , Simon Hill/Prospect Street (pending approval), originally filed for 198 condos , revised on 5/28/08 to 84 condos, 21 affordable on 28.7 ac (22.6 wooded ac. and 6.1 ac. wetlands) in flood plain district, watershed and wetlands protection district, residential district A. (Developer lost control of some land, scaled back.) WETLANDS, HISTORIC INDIAN BURIAL SITE, ENDANGERED SPECIES Tiffany Hill, Tiffany Road (pending resolution of lawsuits), 6-20-03 applied for 66 condos; 4-14-04 reduced to 48 condos; 5-12-04 changed to 44 condos, 11 affordable on 18.4 ac. WETLANDS White Barn Village , White Barn Lane/Circuit St/Forest St (pending resolution of lawsuits) filed for 44 units, 11 affordable; changed verbally but not in filings to 40 units, 10 affordable on 9.5 ac. WETLANDS
  • 17.
    Additional Norwell Lowand Moderate Income Housing Norwell Knoll , Washington Street, 100 subsidized elderly housing units Habitat for Humanity , 1 house on South St. Section 8 housing , est. 200 units Pilgrim Motel, 405 Washington St. Park View Inn, 350 Washington St. Capeway Motel, 149 Washington St.
  • 18.
    Additional Norwell HousingEfforts Donovan Farms , off Circuit Street, age 55+ condos, cluster zoned housing, required revised town bylaws to preserve wetlands and open space This is the Village Overlay District 44 units clustered on 45 acres Walking paths, wetlands, wildlife habitat
  • 19.
    (4) The Problemswith 40B Developments Endangered species and wildlife habitat Wetlands Impact on neighborhood drainage Impact on roads, traffic Impact on services: water , police, fire, schools Developer financial abuse, lack of cooperation
  • 20.
  • 21.
    Eastern Box TurtleAt Stetson Meadows, proposed cemetery site; on land proposed for White Barn Lane and Simon Hill 40B projects
  • 22.
  • 23.
    Yellow Spotted Salamandersare seen in the Simon Hill area
  • 24.
    Deer, Hawks, Coyotes,Fox, Turkeys…
  • 25.
  • 26.
  • 27.
    Role of WetlandsRole in ecology & hydrology of watersheds Wetland functions wildlife habitat and food chain support surface water retention or detention groundwater recharge (filter surface water runoff) nutrient transformation Wetland values support for commercially valuable fish and wildlife flood control , reduced erosion supply of drinking water , enhancement of water quality recreational opportunities
  • 28.
  • 29.
  • 30.
  • 31.
  • 32.
  • 33.
  • 34.
    Impact on TownServices Water , Police, Fire, Schools Official Website of the Mass. Dept. of Fish and Game… Low Flow Inventory South Coastal Basin Suspected Causes Water Withdrawals Several sources have noted that Third Herring Brook in Hanover and Norwell (not to be confused with Third Herring Brook in Pembroke ) is severely depleted by nearby public water supply wells for the Town of Hanover. The Water Commissioner for the Town of Norwell reported that a several-hundred-foot stretch of river below the town wells for Hanover and Norwell near Pond Street in Hanover and South Street in Norwell has repeatedly run dry (4).
  • 35.
    Impact on TownServices Water , Police, Fire, Schools Norwell has lawn and garden watering , etc. water restrictions nearly every year Last year Water Department customers were threatened with fines, penalties, and water disconnection for violations Adding 700 units to as 3500 housing unit town with water problems today is crazy. We need a complete building moritorium until adequate water is available to all.
  • 36.
    Financial Abuse of40B Developers use shadow companies to inflate the cost of land &development in Norwell & elsewhere. Neighbors & the town are forced to manage the environmental impact of increased drainage problems. Neighbors are never made whole from increased water damage. Neighbors & the town are forced to hire lawyers to fight environmentally disastrous 40B proposals. 40B hurts towns, neighborhoods, and families. We see Senator Robert Hedlund making it an issue… the Patrick administration needs to help on 40B
  • 37.
  • 38.
  • 39.
  • 40.
  • 41.
  • 42.
  • 43.
    Norwell Master PlanRecommends Create a green network to Preserve open space to protect water Protect continuous open space along water corridors Promote public awareness of historic sites Manage residential development to preserve town character Support affordable housing, considering use of town properties, mixed use zoning, and other strategies Increase non-residential tax revenues Improve appearance and function of Route 53 Make Norwell Center a focus of community Traffic calming strategies on high traffic roads Create safe network of walking and bike paths Study town facilities needs and alternative uses of town properties
  • 44.
    Here are the40B Projects
  • 45.
    Mass GIS 2005 Jacobs Estates
  • 46.
    Mass GIS 2001 Silver Brook
  • 47.
    Mass GIS 2005 Silver Brook
  • 48.
  • 49.
    Route 53 –Washington Woods - 2002
  • 50.
    Mass GIS 2002 Washington Woods
  • 51.
    Washington Woods – 2002 to 2004 1 Jan 2004
  • 52.
    Route 53 –Washington Woods - 2008
  • 53.
    Route 53 –Washington Woods - 2008
  • 54.
    The Patriot Ledger and Boston Globe Real Estate Ads 7/2007 and 2/2008 NORWELL SUNDAY, 1-3 & MONDAY, 4:30-7. WASHINGTON WOODS. 239 Washington St., Unit #5. THE BEST PLACE TO LIVE BETWEEN BOSTON & THE CAPE IS NOW IN NORWELL at Washington Woods! Nantucket shingle-style luxury condominium residence (non-age restricted). A luxurious lifestyle with commuter convenience. $539,000 02-24-08 Boston Globe Magazine ½ page color ad Washington Woods – Phase I Now Complete – Two Bedroom luxury condominiums starting at $585,000
  • 55.
  • 56.
    This land wasonce flat fields
  • 57.
  • 58.
    Mass GIS 2005 White Barn Lane
  • 59.
    Forest & CircuitStreets water (600 photos worth)
  • 60.
  • 61.
  • 62.
    Traffic on ForestStreet Forest Street December 5, 2007 Forest & Circuit Streets March 26, 2008 Forest Street July 2, 2008
  • 63.
  • 64.
    Mass GIS 2005 Norwell Commons
  • 65.
  • 66.
    Town-wide 40B ProblemsIntrusion on wetlands Impact on water table and surface water Health hazards: more water, more mosquitoes Inappropriate density, size Impact on wildlife, endangered species Geese, hawks, owls, bats, coyotes, fox, rabbits, turkeys, squirrels, deer, skunks, deer, …. Endangered turtles, salamanders, plants Impact on traffic, schools, police, fire Changing character of the town, lost open space No incentive to maintain affordable units by residents
  • 67.
    Lies and DirtyTricks Attempts to avoid escrow Nonpayment of amounts owed for fees, expenses Misleading engineering reports Unwillingness to provide drainage, sewage treatment data Traffic studies done at inappropriate times Poorly done, misleading environmental studies No pro formas filed Incomplete filings Broken promises on payments Developer strategy has been to go to court for 40B approvals Warren Baker
  • 68.
    Stop the MadnessWork with towns on affordable housing Incentives for cities and towns to act directly Housing needs nearby transportation and jobs Smart growth, not 40B growth Remove incentives for developers to violate environmental bylaws Enforce financial auditing (good start) Immediate moratorium on 40B projects
  • 69.
    Letters and TeaBags "We, the Board of Selectmen and residents of the Town of Norwell, are fast reaching that point of civil disobedience, and the spark for our explosion are the provisions of the Mass. General Laws Chapter 40B,“ … Norwell selectmen, letter to Gov. Patrick, June 11, 2008 "Chapter 40B has been a significant detriment to the 'moral cause' of developing affordable housing, and has been extremely divisive in almost every community," … Marshfield selectmen, Boston Globe, July 31, 2008
  • 70.
    "The government solutionto a problem is usually as bad as the problem." Milton Friedman (1912 –2006) American Nobel Laureate economist -- please work with the towns --