MEETING MINUTES
BOARD OF SELECTMEN
Monday, November 24, 2008
PRESENT: Sara A, Mattes (Chairman), Gary Taylor
ABSENT: Sarah Cannon Holden
STAFF: Timothy Higgins (Town Administrator), Debra Parkhurst (Administrative Assistant)
Welcome & Introductions: The meeting opened at 7:30 PM. The Chairman welcomed the public, reviewed the agenda and action items for the meeting. Noting the number of people present, Ms. Mattes announced that the Open Forum would be moved to the beginning of the meeting. She also used the opportunity to encourage people to volunteer for town government and had volunteer applications available.
Open Forum: CMARC Group Home on Concord Road
Sue Beebee, 264 Concord Road, began the discussion by expressing concern over issues of transparency and communication with regard to the recent purchase and use of 259 Concord Road as a group home. She also asked about the Town’s financial obligation. Renel Fredriksen, Chairman of the Housing Commission, stated that the Town was able to use Affordable Housing Trust funding for up to 50% of the purchase price plus renovation costs up to a maximum expenditure of $500,000. This money secured five units to be added to the Town’s affordable housing stock. The Housing Trust money comes from the Community Preservation Act. This provides funding to the Town. The Community Preservation Act provides a mechanism to allow the Town to place a 3% surcharge on each property tax bill and the State
matches that funding. Consequently, of the $500,000 expended in this case, one-half came from the CPA and one-half from the State matching funds. CPA funding has very specific uses, such as affordable housing and historic preservation, among others. The $500,000 is secured by restrictive covenants should CMARC want to change the use. In answer to questions about the Town’s exposure to establishment of Group Homes in the future, Ms. Fredriksen explained that the Housing Commission must update its Plan every few years. The Town is mandated by the State to provide 10% affordable housing. Currently the Town has met that goal, but there will be additional need by 2010, and the Town continues to look at ways to provide more affordable units. It is anticipated that the CPA will continue to provide that funding. Chairman Mattes noted that $100,000 is inexpensive per unit. The Town has spent between $200,000 and $300,000
to acquire or construct units in the past. She also noted that the Town has been encouraged to look at alternative types of housing, such as group homes, to create affordable housing. Ms. Fredriksen said that they recently constructed three units on Sunnyside Lane at a cost of $257,000 per unit, including some volunteer labor. She also noted that the Groves and Minuteman Commons have provided some affordable units. Members of the audience commented this was a “piecemeal” approach. The Board said that because Lincoln was an early developer of several successful affordable developments, the Town has not had to go to a large development, such as those by Avalon Bay in neighboring towns. These very large developments could drastically change the character of a community and a neighborhood. The Lincoln Housing Plan is submitted to the state for approval. The Housing Commission meets the second Tuesday of the month at 7:30
PM and the fourth Tuesday of the month at 4:30 PM. Ms. Mattes said there have been group homes in Lincoln for years, several of these supported by the Town. The Board said that Group Homes were discussed at Town Meeting in March and at subsequent Selectmen’s Meetings. There was a public forum on group homes sponsored by the Housing Commission, Housing Trust and Lincoln Foundation on June 12. It was noted that it is illegal to discuss a particular property prior to purchase due to the Fair Housing Acts of 1968 and 1988. Mr. Taylor emphasized that there was a process: Funding to the CPA is approved at Town meeting and the CPA has to approve funding to the Housing Trust. There were public meetings, including one where CMARC attended and made a presentation about its program. Mr. Taylor emphasized that the Town did extensive due diligence through a lengthy process. Members of the three housing groups made site
visits to other CMARC properties. Ms. Beebee said the Town must find a more effective way to communicate. The Chairman indicated that the Town used several vehicles to share information. There was discussion at televised meetings and other meetings which were posted on the town bulletin boards, website, and cable. She added that it is impossible to send a letter to every citizen in Town as the cost is prohibitive.
Mr. Paul Edwards, 263 Concord Road, asked if there was sufficient parking and about the background of the occupants and caretakers of the home. He also asked if they could see the restrictive covenants. The covenants are available in the Town Offices. Mr. Taylor reiterated that they spent a good deal of effort investigating the group home sponsors.
Walter Martin, 14 Giles Road, asked about Town input in the process. The Board response was that the Comprehensive Long Range Plan issued by the Housing Commission covers all types of housing situations, including group homes, buy downs, elderly housing such as the Groves. It was further noted that the CPA is required to spend a certain portion of the allotted funds on housing.
Mr. Higgins took a moment to list the outreach efforts by the Town: There were six articles in the Lincoln Journal, notice was provided on cable TV regarding the June 12 meeting. The June 12 Meeting was televised and is available for re-broadcast. The Chairman noted that the Town does Town-wide mailings for Town Meeting and State of the Town, and also produces the Town Report. Information is also available on the Town website. The Chairman she encouraged people to sign up for e-mail notification.
Patricia Ohagan. 270 Concord Road is worried about a speed bump proposed in the area She understands that the Town of Wayland will challenge any speed bumps on Concord Road. B-J Scheff, Housing Commission, said that cars will be able to maneuver the parking situation. She also said staff would be on the premises of the group home at all times.
Walter Martin asked about the real estate transaction. Peter VonMertens, Housing Trust, said group homes may purchase properties in any community. CMARC purchased the property; the Town contributed some funds. However, meetings that discuss real estate are held in Executive Session. The Selectmen emphasized that case law specifies that the locations of homes for disabled citizens may not be revealed in advance, that the location may not be prejudiced, and there is no notification prior to the purchase.
Fred Hopengarten, 6 Willarch Road, asked a series of questions regarding ownership and zoning issues. The Board informed him that CMARC acquired the property with Sherri McCann as CEO and Executive Director. A group of unrelated persons is considered a family for a group home. The Fair Housing Act was cited as the legal basis for rulings. There will be five residents and two staff members at the residence. The Board requested that Mr. Hopengarten provide clear questions regarding zoning exemptions so that they can provide accurate answers.
Mr. Martin said that close neighbors were not notified. He said the ”flavor” of the Town has changed, and the town is not taking care of its own residents. He said the residents should be informed and there should be improved communication. Neighbors have asked Mr. Hopengarten to work with the Lincoln Foundation and Housing Commission to see if the process can be corrected. He added that these types of developments tend to go to the less affluent areas.
Ms. Fredriksen said that the Housing groups would never have moved forward if they did not believe the group home would be a good neighbor.
Robert Laski, 257 Concord Road, said he was concerned with chemicals in the yard and traffic.
Tom Nadolski, 258 Concord Road, acknowledged that this could happen anywhere, but is angry that this was “orchestrated” by the Town.
Oliver Hays, 261 Concord Road, asked if the property would be removed from the tax rolls. The Board answered that as a 501(c) 3., the property does not get taxed. Later discussion suggested a loss in revenue of $10,000 per year. The Board reiterated that towns cannot keep group homes from moving in. Another resident asked about staff turnover for the group house. Mr. VonMertens said that this was investigated and workers average 16 years in similar group homes.
Alex Chatfield of 270 Concord Road said he works for an ARC. ARC agencies were founded by families about 15 years ago. Prior to that, persons with disabilities stayed home until they could no longer be cared for and were subsequently sent to institutions at a cost of $250,000 per person. Group homes provide an improved quality of life and improved functionality at a fraction of the cost. Mr. Chatfield said the facilities are highly regulated, visited by the Fire Department and the Board of Health. They are overseen, documented and managed. He added they have to be good neighbors because their reputation is important. Mr. Taylor said that CMARC residents go out every day and are supervised at all times. CMARC had emphasized that they are good neighbors. Ms. Beebee again asked about
the communication. The Board recognized that communication is difficult, and said they were receptive to other ideas about ways to communicate.
Susanna Szetz, visibly agitated at the process, asked if the same anti-discrimination standards apply to affordable housing.
Fred Hopengarten asked where citizen address concerns with parking. The Selectmen said those questions go to the Police Chief.
Mr. Taylor said that they are not exempt from zoning standards (setback, lot size, etc), and the existence of group homes in other towns has not affected property values. Questions about CMARC should go to Sherri McCann. It is not necessary to re-zone for this use. According to State and Federal Law, the use is still considered a single family home. Mr. Taylor said the housing agencies looked at all the issues. The Housing leadership thought this group would be a good neighbor. Town Meeting approved funds to the CPC and the CPC approved funds to the Housing Trust. The Housing Trust makes its decisions independently. The Board suggested that in the future the Town Meeting could put a prohibition against this type of contribution by the Town if the citizens believe this is appropriate.
Joe Gagne of 244 Concord Road asked who chose the location. CMARC chose the property.
Thesea Kafina of 5 Giles Road was concerned with bus safety.
Sue Beebee claimed there was a “suspension” of trust in the system. Discussion followed on governance and the responsibility of boards and citizens to both give and get information. The Selectmen said they put out information. The Housing Plan is available in hard copy and on the web. Meetings are open to the public.
A MOTION was made and seconded to go into Executive Session pursuant to MGL C 39, Sec. 23B. to discuss collective bargaining. A Poll was taken of the Board: Mattes – aye; Taylor – aye. The Motion passed unanimously. The regular session ended at 10 PM.
Submitted by Debra Parkhurst Approved on May 4, 2009
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