20 Elm Street 40B Proposal

Update Regarding 20 Elm Street Application (Updated 10/28/19)

At a meeting on October 10, the Zoning Board of Appeals (ZBA) voted to appeal the Department of Housing and Community Development's (DHCD) denial of the ZBA's invocation of "safe harbor." The appeal, available here, has been filed with the Housing Appeals Committee. As such, the ZBA will not go ahead with its previously scheduled public hearing, which was to be held on November 14. The notice that no hearing would take place is available here.

DHCD issued a denial of the ZBA's invocation of safe harbor in a letter dated October 4

Information about the continued public hearing on August 22 at which the ZBA voted to invoke safe harbor is posted below, including a copy of the motion approved by the ZBA and a presentation made by the Town Planner:

August 22, 2019 Presentation: Safe Harbor/GLAM Summary

ZBA Motions - Invoking Safe Harbor

Safe Harbor Notice from ZBA to Applicant

In response to the ZBA's safe harbor invocation, on September 6, 2019, NY Ventures filed a Notice of Objection (appeal) with the state Department of Housing and Community Development (DHCD) objecting.  A redacted copy of that Notice and Exhibits (as provided to the Town by the applicant) is here:

Notice of Objection
Exhibit 1: Safe Harbor Notice
Exhibit 2: Denominator
Exhibit 3A: Directly Associated Property Maps
Exhibit 3B: Numerator
Exhibit 4: Group Homes Redacted
Exhibit 5: Directly Associated Properties - Redacted

After receiving the applicant's appeal, DHCD made a determination once materials provided by the applicant and the ZBA were reviewed. The Town submitted a letter to DHCD in response to the applicant's appeal. The applicant subsequently responded.

Original application materials have been posted for public viewing here.  

Background Information

Elm Street Apartments 40B Application

On July 10, 2019, the Zoning Board of Appeals (ZBA) received a Comprehensive Permit application for a 200 unit apartment complex at 20 Elm Street. The first public hearing was held by the ZBA for Thursday, August 8, 2019 at 7:00 PM at the Performing Arts Center at North Reading High School, 189 Park Street (see the Legal Notice sent to abutters and the North Reading Transcript). The hearing was continued to August 22, 2019, and then to November 14, 2019.

Project summary: 

The Project is proposed to consist of five identical residential buildings with four residential stories above a podium parking level. Each building would contain 40 residential apartments, and the Project as a whole would contain 200 units. The breakdown of these units is as follows: 50% one-bedroom units (100 total) in four layout configurations, 40% two-bedroom units (80 total) in three layout configurations, and 10% three-bedroom units (20 total) in two layout configurations.  Twenty five percent (25%) of the units would be affordable.

Application materials can be accessed here.

Applicant's presentation - August 8, 2019 

Correspondence received as of August 8, 2019:

Department Correspondence as of 8/8/19

Abutter Correspondence as of 8/8/19

Ipswich River Watershed Association letter

Project History

On December 7, 2018, the Town was notified by the Massachusetts Housing Finance Agency (Mass Housing) of a filing for a development project proposed at 20 Elm Street, a portion of the property currently containing Resorts North, including Teresa’s Prime and Grill 19. The proposed development consists of 200 rental units in a group of residential buildings on property that would be subdivided from the Resorts North property. The project is proposed under Massachusetts General Laws Chapter 40B, the Massachusetts Comprehensive Permit Act. As such, 25% of the units proposed would be affordable as defined under Chapter 40B. The following documents were received by the Town in connection with the project eligibility application. This includes a notification letter from Mass Housing to the Town, as well as the application package submitted to Mass Housing by the developer.

The Town was given a comment period to respond to the proposal made to Mass Housing, ending on January 16, 2019, and submitted this response letter. However, the Town was notified on January 16 that it was granted a further extension for comment until February 1. All resident comments submitted to the Town during this period have been sent to MassHousing, along with a supplementary response letter from the Town. The comment period is now closed. On March 28, 2019, the Town received a copy of the Project Eligibility Letter issued by MassHousing to the developer.

Project Eligibility Letter
Response from Town to Developer's January 31, 2019 letter
Letter from Developer's Attorney to MassHousing
Supplementary response letter from Town to MassHousing
Response letter from Town to MassHousing
Notification letter from MassHousing to North Reading

Application Package to Mass Housing:

Assignment of Development Rights40B Development SummaryComp Permit Rental Application
Site DirectionsTax Map 77_0Tax Map 88_0
Tax Map 86_0Tax Map 78FEMA Firmette
Existing Conditions PlanAerial ViewPictures - property & neighborhood
By Right PlanColor Site PlanPreliminary Site Plan
Preliminary Architectural PlansPreliminary Waiver ListZoning Table
Certificate of OrganizationDeed to PropertyNorth Reading Market Comparables Study
Sparages resumeO'Sullivan resumeLDS 40B Experience
TCR JDS BiographiesYebba resumeProject Eligibility Letter
CR JDS BiographiesRevised color site planEnvironmental Letter

Conservation Commission - ANRAD (Abbreviated Notice of Resource Area Delineation) Filing:

An ANRAD is done to confirm the location of wetland resource areas on a property. The Conservation Commission will have the ANRAD for 20 Elm Street on its meeting agenda Wednesday, May 8, 2019 (please see the Town Clerk calendar for further detail).This is an advertised public  hearing.

Cover Page - ANRAD FilingAbutter map for ANRAD
ANRAD ApplicationPlan to accompany ANRAD
Legal Notice 

Additional links and information:

Zoning Board of Appeals Comprehensive Permit Rules & Regulations