IMPORTANT UPDATE - 8/9 Select Board Meeting
Update from the August 9th Select Board meeting:
Percolation test results indicate that the site is not suitable for the wastewater treatment plant needed by the proposed development. The developer is still interested in the site and may pursue one of the following:
Smaller residential development (may or may not be 40B)
Commercial center
2 Restaurants
Middleton is facing a 40B housing development at the former Angelica's property at 49 S. Main St.
What is Chapter 40B?
Chapter 40B under Massachusetts General Law requires at least 10% of a city or town's housing inventory to be considered affordable. Communities that do not meet this threshold are subject to 40B developments. The law allows for a flexible permitting process for housing in areas that local zoning normally wouldn't permit. At least 25% of proposed units must be deemed affordable and reserved for those making less than 80% of the area median household income. While local authority is diminished in this process, the Town is not necessarily powerless. Please read more about Chapter 40B by clicking here.
What is being proposed?
Villebridge Real Estate Development has proposed a 5-story, 200 unit apartment complex including 7,000 square feet of retail/restaurant space with garage parking, an on-site wastewater treatment plant and various amenities. All of neighboring 10 Boston St. and a portion of 18 Boston St. would be included in the development, resulting in 5 acres of land area. For reference, nearby Berry Farms in North Andover comprises 196 units situated on 8 acres with 20 acres preserved as conservation land. A development of this size at this location would forever change the face of our small town, tax our limited resources and exacerbate a dangerous and growing traffic problem in Middleton Square. Click here to view the developer's presentation of the project.
What can we do?
The Town and the developer have expressed willingness to negotiate to make this project more palatable for the town. If this fails, the developer would be expected to go through the 40B permitting process. There are tools that the Zoning Board of Appeals can utilize and the Town could potentially challenge this in the Housing Appeals Court. Before any appeal proceedings begin, an application would eventually reach the ZBA who will be charged with approving it, denying it or approving with changes/conditions (which the developer may then challenge) so long as there is defensible reasoning. There is a lot to be ironed out - The most important thing residents can do right now is educate themselves about this project and the 40B process, as well as engage in the dialogue by attending meetings and writing to our elected officials with any concerns and what they would like to see happen at this site.
Letter writing assistance: Click here
Sign up to distribute flyers at the Transfer Station: Click here
Print your own flyers: Click here
Resources
The town website has a dedicated section for this project with resources, upcoming meetings, recordings of past meetings etc. and can be accessed by clicking here
Facebook Users: Join the Middleton Resident Coalition by clicking here
contact@savemiddleton.com