Selectmen vote down 40B unit
The Wellesley Board of Selectmen voted unanimously last week to oppose developer Michael J. Connolly's application for Chapter 40B approval to build a multiunit housing project in a single-family zone in defiance of zoning bylaws.
"I have no comment, and you can quote me on that," said Connolly, when asked about the selectmen's vote to oppose his application.
But he said he would proceed with his application and seek approval to build a five-unit project in the neighborhood of Hillside Road and Washington Street. According to MassHousing, the state agency to which Connolly has applied, the project is called Wellesley Commons.
The affordable housing law allows developers to bypass local zoning if at least 20 percent of the units in a project are affordable to people with low and moderate incomes.
The law applies only to communities that, like Wellesley, have less than 10 percent of their housing stock available at a price that is affordable for a low- to moderate-income family.
Wellesley has about 550 affordable units in town, whereas its 10 percent threshold calls for 870, according to Thomas Schnorr, chairman of the Wellesley Housing Development Corporation.
To defeat an application for a 40B, said Schnorr, a town must prove that the negative impact of the proposed development outweighs the state's interest in promoting affordable housing.
"A lot of people don't understand the power of 40B -that it shackles a town's ability to negotiate with a developer," says Schnorr. "And there are a lot of people in Wellesley who don't like to act under a threat. The bad news here is that's what [Connolly's] doing. He's saying, 'Give me what I want or I'm going to do 40B.' "
As Selectman Greg Mills recounted at the board's meeting on Monday, Connolly first approached the town in July of last year to express "his desire to seek rezoning and his intention to construct more residences than the current single-residence zoning in that area would enable him to do."
Town officials, who have mitigated the negative impact of previous 40B developments by partnering with developers on so-called friendly 40B applications, tried to work out a similar deal with Connolly.
While Connolly worked with them and ultimately took his proposal to Town Meeting to seek zoning changes, he repeatedly indicated that he would seek 40B approval if necessary.
Many Town Meeting members spoke out against the proposal, saying it was being rushed through and would make the town vulnerable to future demands for zoning changes under the threat of 40B.
Connolly's proposal fell 10 votes short of the two-thirds majority it needed to win the zoning amendments necessary for him to proceed.
Connolly tried again to work out an agreement with town officials and residents of the Hillside neighborhood, but tensions continued to escalate.
Although Wellesley officials worked out friendly 40B projects at the Walnut Street Firehouse, Edgemoor Circle, and Fells Hollow, they could not reach a mutually agreeable resolution with Connolly.
Opponents expressed concerns ranging from population density to water runoff that could cause icy conditions in winter on the busy Washington Street section in front of the Warren School recreational site.
Last month, Connolly submitted his application to MassHousing for 40B approval.
It sought permission to build a five-unit project with one designated as affordable.
Although there was some talk of potentially bringing his proposal back to Special Town Meeting in November, Connolly now says that's off the table.
"I can't conceive of any way of going back to Town Meeting," said Connolly, adding that opposition by residents in the Hillside neighborhood gives that prospect little chance for success.
