The mood was tense at a March 16 public hearing on a controversial plan to build a 43-unit rental project at 188 Fuller St.
LUDLOW -- The gloves came off at a recent public hearing on a low-income housing proposal for Ludlow, where local leaders have voiced support for more affordable housing in town -- but just not at the busy intersection where a nonprofit developer hopes to build this project.
The mood was tense at the March 16 meeting, the first of two Zoning Board of Appeals hearings on a controversial plan to build 43 low-income rental units at 188 Fuller St. The next hearing is scheduled for April 3.
The 5-acre parcel's proximity to an elementary school and wetlands area and the project's impact on traffic and public safety are among the reasons HAPHousing should find another location, according to the Ludlow Board of Selectmen, which opposes the plan.
All five selectmen have cited support for inexpensive housing in Ludlow, where only 2.2 percent of dwellings are considered affordable by the state, which has set a 10 percent affordable housing goal for all commonwealth cities and towns. But each board member has raised concerns about the Fuller Street site, arguing that it's simply not the right place for a project of this magnitude.
Town officials have consistently expressed their willingness to work with HAP to identify an alternative location for the project, but HAP has not publicly expressed any interest in finding a new site. The Springfield nonprofit, which owns the property near the corner of Fuller and Chapin Streets, has applied for a Chapter 40B comprehensive permit to create the development.
Chapter 40B, the state's affordable housing law, allows developers to override certain aspects of local zoning bylaws to help communities reach the 10 percent affordable housing goal.
"The Board of Selectmen has voted unanimously to oppose this project," William E. Rooney, the board's vice chairman, told HAP officials at last week's ZBA hearing at Ludlow High School.
Rooney said Ludlow has enjoyed a good working relationship with HAP, the region's largest nonprofit developer of affordable housing. He cited a successful collaborative effort to convert the former Ludlow Boys & Girls Club on Chestnut Street into affordable rental units for senior citizens.
Now, however, the town's relationship with HAP has deteriorated to the point where Ludlow officials claim the housing organization is disregarding local concerns about the project.
HAP's website talks about working with "community-based organizations" to build affordable housing in communities that haven't reached the 10 percent goal, according to Rooney. "We are the community-based organization in the Town of Ludlow that you should be collaborating with. You didn't," he said, drawing sustained applause from the audience.
Rooney said HAP never reached out to selectmen for input on the project. "We had to ask you to come to us," he said. "You never came to us to say, 'This is what we're thinking of doing, this is where we're thinking of putting it. What do you have to say? What are your thoughts?'"
Rooney, a former county prosecutor and a partner at Chartier, Ogan and Brady, a law firm with offices in Ludlow and Holyoke, said he is regularly approached by Ludlow residents who are against building a housing complex near the corner of Fuller and Chapin streets. The intersection is already congested, town officials have testified, especially when Chapin Elementary School is in session.
Ludlow police, fire, and conservation officials have expressed concerns about the project's impact on traffic, emergency services, and a swampy area abutting the Fuller Street parcel.
"We're the ones that these folks out here elect to represent their interests," Rooney said, gesturing to the audience for the ZBA hearing. "It's not the right location. We knew this two or three years ago, but you never asked. You went forward with your project."
HAPHousing had originally planned to file its application for a comprehensive permit with the Ludlow ZBA in January, but ended up hand-delivering the paperwork to the Ludlow Town Clerk's office on Feb. 16.
The project would never be approved under the town's regular zoning and planning standards, according to Selectwoman Carmina D. Fernandes, who is also an attorney. However, Chapter 40B allows developers to override local zoning bylaws to increase the amount of affordable housing in cities and towns where less than 10 percent of housing is defined as affordable.
"This is not integration. You're clumping people of lower (financial) means in one area," she said, adding that a better way of integrating low-income renters is to build smaller homes at multiple locations in town.
"We, in our long-term planning, talked about doing townhouses throughout Ludlow. That makes more sense to me than one big project in one area that's right next to a school that already has a traffic problem," Fernandes said. "You just really need to reconsider this and use common sense. Ask all the residents who travel these roads and know this town better than anyone."
Rudy Perkins, a project manager and staff attorney at HAPHousing, pointed out that some of Ludlow's low-salaried town employees might be eligible to live at the housing complex.
"It's conceivable that one of your less senior firefighters, if they were the sole breadwinner for their family of four, might qualify to live at 188 Fuller," Perkins said. "So, your neighbors at 188 Fuller could be your child's schoolteacher, your town library staffer, the person behind the desk at the Council on Aging, maybe even one of your firefighters."
Perkins noted that only three Western Massachusetts communities -- Springfield, Holyoke and Chicopee -- have met the state's 10 percent affordable housing goal. With only 2.2 percent of Ludlow's housing stock deemed affordable, the town would have to add 647 affordable units to reach the goal, according to Perkins, who was joined at the hearing by a team of HAP engineers, architects and attorneys.
The plan calls for constructing a small community building and seven larger buildings containing a total of 43 rental units, said Marc Sternick, vice president and senior architect with Dietz & Company Architects Inc. in Springfield, the firm that is handling design plans for the project.
The housing complex will have one entrance on Fuller Street and a loop road leading to the units, Sternick said. Public safety officials have expressed concern about the lack of a second entrance at the complex.
At one point during last week's hearing, which lasted over three hours, Perkins commented about how the town has apparently changed its "posture" on the project. Ludlow officials interpreted the remark as an oblique reference to the town's decision to seek outside legal counsel. Both Rooney and Brian M. Mannix, chairman of the Board of Selectmen, took issue with the comment, which Perkins did not explain further.
"To listen to your quote, that 'the town is taking a different posture,' is an insult, Mr. Perkins. It's an insult," Rooney said, reminding him that HAP had previously said it would consider "local preference" for siting the project.
"Now, I guess you're saying that because the town is taking a different posture, we're on our own," Rooney said. "I'm insulted by that. And as far as I'm concerned, we have a job to look at this project and not simply roll over and do exactly what you want to do."
Advocating for citizens and scrutinizing projects that are harmful to the town's overall health and economic viability are among the many duties of the Board of Selectmen, according to Rooney.
"That's our job, that's why people elected us, and that's why people are here tonight ... to look out for the best interests of the town," he said. "And if that means somehow we lose the relationship with HAPHousing to do local preference, then I would say shame on HAPHousing."
Mannix, a retired Ludlow police officer, said he was also "highly insulted" by Perkins' remark. "When push comes to shove, do you know what they (HAP) are telling Ludlow?" Mannix asked rhetorically. "Stick it!"
The selectmen chairman continued: "Well, I'm sorry, but you've done nothing from Day One till today to change anything about your working relationship with the Town of Ludlow. You've shown us nothing, and I think it's shameful that you people are here talking like you are tonight."
Mannix urged the ZBA, which has authority to approve or deny the 40B comprehensive permit, to "take all of this into consideration when it comes time to make a decision on how much you trust them (HAP) and how much you believe in them."
The ZBA can circumvent stricter local zoning rules to approve a 40B permit if at least 20-25 percent of proposed housing units include long-term affordability restrictions. If the ZBA rejects a 40B project or imposes costly conditions, the developer can petition the State Housing Appeals Committee to intervene. The committee, which has authority to overrule local zoning board decisions, generally greenlights 40B projects that it deems reasonable.
According to a 2007 state study, around 80 percent of the comprehensive permit applications filed in Massachusetts between 1999 and 2005 were approved at the local level. An earlier study determined that roughly 69 percent of cases sent to the Housing Appeals Committee on appeal were either withdrawn, dismissed, or resolved through negotiation -- a trend that continues to this day.
Perhaps the biggest applause at the March 16 hearing came when Jason Martowski, chairman of the Ludlow Conservation Commission, renewed his call for HAP to sell the Fuller Street parcel to the town. He first suggested the idea at a project meeting in December at Ludlow High School.
"When we gathered here last time, I kind of gave a general proposal to HAPHousing, and I would like to reiterate that one more time: I would like to see HAPHousing ... sit down at a round table with attorneys and come up with a solution," Martowski said. "Maybe there's a way we can repurchase this property from you, incur some of the fees, broker a deal, and get together to find a better location."
Now is the time for HAP to negotiate with Ludlow if, indeed, the housing group is serious about working with the community, Martowski said.
"I think you've heard our voice," he said. "Prove it to us and sit down with us at the round table."