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October 21, 2010

Southborough Project Snarled In Ballot Question Drama

A Natick-based developer says a Nov. 2 ballot question is getting in the way of his proposed affordable housing project in Southborough.

Robert Heavy has wanted to construct the 16-unit Woodland Meadows project on Oak Hill Road in Southborough for more than three years. But with a question on the Nov. 2 second ballot that could repeal Chapter 40B, the state's affordable housing law, he says he's being delayed by the Southborough Zoning Board of Appeals.

"They just have a couple people in town who don't want my project done so they're holding it up as much as possible," Heavy said.

Sam Stivers, chairman of the ZBA, denies there's been any feet-dragging, saying the project has been considered "in a timely fashion, limited only by Mr. Heavy."

Project History
In fact, the ZBA considered the project on Monday evening during a special meeting but some members were concerned about the amount of space between the development and the road. ZBA members may require Heavy to construct a 14-unit development instead of 16, but Heavy said reducing the number of units would make the project no longer economically feasible. The ZBA will meet on the project again tonight at 7:30 p.m. at Town Hall.

Heavy has publicly accused the ZBA of log jamming the issue and has said if voters next month repeal the state's affordable housing law his project could be in jeopardy.

While Heavy filed his plans more than a year ago, Stivers said the ZBA did not have complete information to make a decision until August. Since then, Stivers claims that Heavy cancelled a meeting with the board in September. He also pointed out that the board has called two special meetings this week to finish consideration of the project.

"It is the intention of the board to reach a decision," Stivers said. "I believe we have proceeded as quickly as reasonably possible, given the information we've gotten from Mr. Heavy."

Once the ZBA makes its decision, it has two weeks to file the decision with the town clerk, and then there is up to a one-month appeal period for anyone to appeal the decision. If voters repeal Chapter 40B, Heavy's concerned that someone could appeal the ZBA's decision decision and block the development.

Stivers said the ballot question has in no way influenced the board's decision on the matter. He said he has no opinion of the ballot question, saying that the ZBA is merely administering the rules of the commonwealth.

Furthermore, he said the town is supportive, in general, of affordable housing projects. He noted that last month that the ZBA gave initial approval for a 15-unit affordable housing development on Oregon Road proposed by local developer William DePietri. According to media reports, DePietri made a similar claim about the ZBA dragging its feet because of the ballot question. The ZBA is finalizing its decision on that project too.

The 40B affordable housing law calls for each community in Massachusetts to have at least 10 percent of its housing stock classified as affordable, which is defined as within the price range for a family earning 80 percent of the median income for the area.

According to the state, Southborough has less than 5 percent of its housing stock classified as affordable.

Heavy's project was originally proposed in 2007 to be 44 units, but he scrapped those plans because of the economic downturn. He proposed the 16-unit townhouse style apartment development last year. Heavy plans to sell the market-rate homes for about $329,000 and the affordable homes for $170,000.

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