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HomeMy WebLinkAboutDecision 3646 - Is the state affordable housing law good for Cape Cod CC Times December 10, 2000_ — --- �SUNDAY,_DECEMBER 10, 2000 - 1 j 1:1. _ � __ t r$ r y i � L�," � L&:�l,�l sraS.si'ssi.w'u': LCw.9u'c*a+.b.trtriv``i . 1DAVE BARRY , III I . " .. 1� Dv../�Ilc ; I I I . � I . . . , � 1. 11 . . 11 ,� . . , .9 - I * - ,� . . N !1 . � I .1 ; ti -le na, Is � ,; I . . .. 'i I . I .� . I . � . I . � � I . . I ;; O 0. � rI� . I. � !; JL lying, 'i�I wth � I I . � . q I I..1;1 ^ � 11 A tuO 1 t � . � . Is 4 � � I C I in Florida (Official State Motto: "I voted for WHOMT) we do not have Ir. I what you would call a typical Christ- mas season. For one thing, it never snows, at least not in Miami. Down here, we don't sing,"I'm o dreaming of a white Christmas."We sing, , "I'm dreaming of a Christmas that is not so hot and humid that I need a coat hanger to un -bunch my underwear." Actually, it's a good thing we don't get snow: People down here already have enough troubledriving. , . . For example, we m have an inordinate nu- ber of accidents caused by people driving into buildings. And these are not buildings . that have been carelessly left in the road- way: These are buildings carefully placed - off to the si.de.Yet people drive into them! . I t t suspect somewhere in the official Florida driver's' manual, there's a picture of . a building, with the words:"If you see one Id of these, aim straight for it!" : So if we ever had snow, it would be horri- b1e.There would be cars on roofs, cars in the palm trees, cars in the Gulf Stream. The only safe place for a pedestrian to stand would be on an actual highway. . Since I've lived here, we did have one cold Christmas cold for us, anyway . when the temperature briefly fell into the 30s. But snow did not fall from the sky. What fell from the sky was: lizards. Really. I went outside on Christmas morning, and lying on my lawn, looking stunned, were at least a dozen bright -green lizards that had fallen out of the trees.These were not small lizards. These things were the size of cocker spaniels, and they had TEETH. That is not a 11 normal Christmas -morning sight. There is no Christmas carol that goes: . Good King Wenceslaus looked out Saw big green lizards all about I _ So he said, "I'm leavin'!" Nevertheless, even in Miami, we do have our Christmas traditions.Traditions are an important part of Christmas. For example, when I was a boy, my Mom and I had a wonderful tradition that went on for nearly 10 years, called: The Fruitcake Slam. I am not making this tradition up. Every year, some people we knew.thought- fully sent us a fruitcake that was approxi- - mately the same density as the Hoover Dam. And every year, my Mom - who was, take my word for it, the funniest person who ever lived'- would declare, in her brightest June Cleaver voice:"Look, Dav- 1. ey!"(She called me Davey.)"The fruitcake has arrived!" And I'd say:"Hurrah! I hope we don't ac- cidentally leave it in the kitchen doorway, like last year!'Then I'd open the kitchen door and place the fruitcake on the sill. "UH-oh!"my Mom would say."It's getting I rafty! I had best close the kitchen door!" And she'd give the door a mighty slam. Usually the first slam would barely dent the - fruitcake, so my Mom would give it a few more, the two of us cackling like maniacs._ This is still one of my fondest Christmas memories. Anyway, here in South Florida,I have a o new tradition, called: TYyTo Find A Christ-' masTreeThat Was Actually Alive Within The Past FiveYears.This is very difficult. : Christmas trees are, grown up north, and as - the tree shipments travel south, all the good trees get taken along the way. By the time the trucks reach Miami, all that's left are these brown, scrawny things that appear to be members of the tumbleweed famil1.y. And even those quickly get snapped up. By the week before Christmas, trees are scarce. Last year, on Dec. 23, my wife and I were driving around, desperately looking . for a place that still had trees, when we . spotted a guy selling some out of a pickup truck in a parking lot.This was not just any parking lot: This was, I swear, the parking lot of a strip club. These were not choice trees. Each one ,i had maybe five remaining needles, which was also the number of teeth possessed by the guy who was selling them. But at that point, we were glad to get anything. We picked out a tree, paid for it, and stood there for a moment, basking in our. success. If was just getting dark, and the"tempera- ture was about 85 degrees. Our Christmas tree's naked branches were bathed in' the I bright pink glow giveoff by the sign above us that said, simply, ADULT ENTER- - TAINMENT. It was a special moment, a , 1. Christmas -in -Miami moment. And at that moment - call me sentimental, if you want - I felt a very special kind of feeling. It was my underwear bunching up. 11 ---Dave Barry is a humor columnist for the Miami Herald His column runs Sundays in :i . the Cape Cod Times. Write him, care of The Miami Herald, One Herald Plaza, Miami, FL 33132. .`. . ^I fI . , - > . - . . _.1. Cape Cod Times N G3 , 1 -1 . i t . ;' CENTERPIECE —.'--f . it 4 . ... , - - _. _.t. . , S t. ' 11, , , .' , 0�I 1� 0 , I", I'll - - -Y . .; J-.. . �, Is the I . I I * I . .. . I I I . . . mll ­ p . . 1-t _ I � IWA �, '' ,� � . ,�'i "I, �,,� I I I __1 .1 ",, II .- -�,-­� ".11-1 ­­ . � - 1,1`111 r _ GI—� "M I ,Y, . 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", , 0 1 11 . ,:]21�11.`� I'll . ,�� � z�,.,:� . '' I , . I. I �-�,"��i,�­"""�� , �' -�� � ,4, _1 ,,, - , I . . . I . I . 11 I . . "," ­�,! -If - ��, ,,�,5, �,.'z��i": f I . I ,_ "'::%��'_`� `�- ' . . �:_��, I I . �,­� r I I I �. : I .1 I , d� 11 `�,: `,��,�, I . 1�1 I. - _� - . I I . � . � 1�1% , _­ , . . . I �� I- 'u- I I I .­. .� . I . I I .,.� 1- 1_'�, I `--�, �,I,,­,., ,, I I . . 11 I . � . i . I �-�,�4"",`�,,�",%l ,, ----- -_ � �,._,, � I I . � I ,,,, �, � I .1 . I � I . . I . . I ,,, .� - I I � I � , . . .,. 1, x - , , �:�,,,,-�,',"�� I . , " I �, �.,�,,`fi �t, '­­ . I :.. .,: By RICK PRESBREY ffordable housing is, more than ever, on the minds'of many Cape Codders. g t1. r mews stories appear almost daily.Towns are discussy g ways to increase the fir' �� ; a a }° supply of affordable housing. Why? t €' a " �_ I Because businesses are havin a hardtime attracts and retaining employ- to Y "' ' �. g g g P Y- +� l ,,,1,1,,, A 'ees and because housing costs have gone uptwice -fast in the past 25 years _ , � e11 w as the incomes of many young families working in entry level jobs. N_ , ,:�� : In addition, in the 1990s the Cape and islands lost more than 1,000 units of state -assisted ; 'rental housing because of budget cuts. V With builders aware of the need for affordable housing and finding it more difficult to P find land, many are now proposing developments that take advaitage of the provisions of s� ° u RFs �� , ` 2� 40B, the state comprehensive permit law ' �1,11 i c z - t ,rr, ur.. "I i1. . Lack of local control 5� , Town officials are sometimes frustrated by the lack of local co trol under 40B.This is 'r� '� ford- I '` most obvious when vocal abutters attend public hearings to oppose a development that able units:The �,.. the local officials may be powerless to do anything about. I average the county is Most local officials now recognize that something must be done to protect i , t :-" 3.76 percent. Eighteen cities or I themselves from negative public opinion, protect their town from unwanted , -, " town statewide have reached the 10 per - developments; and provide an adequate supply of affordable housing. ,° k , `` ' cent goal. In total, the Cape appears to be about - Is 40B a good thing? Even housing advocates'disagree. 4 5,000 units short of meeting the 10 percent mandate before Chapter 40A, Section 21, of Massachusetts General Laws; updated 2000 census figures are considered. originally enacted in 1969, establishes the right of towns to im- ;-, ,, ' Approximately 900 units will need to be produced each' year in the nine years we plement zoning laws. Chapter 40B provides a mechanism to i z,;.., have left in the decade to meet the 10 percent threshold. �.,�� override local zoning for the purpose of constructing low -and- In the last decade, the Cape produced about 100 units per year. In total, the Cape has ap- moderate=income housing.The purpose of the act is to provide ; proximately 88,000 housing units, 3,300 of which are counted as affordable. Clearly, afford- : 1 1 relief from local restrictive requirements and regulations hamper- able housing hasn't been a significant part of the Cape's residential overdevelopment prob- ing the development of affordable housing, including zoning bylaws and ordinances, to lem, nor is it likely to be in the future. I promote the construction of low- and moderate -income housing. There are many concerns expressed about the 40B comprehensive permit process, in - eluding concerns about local control, the way units are counted, density, the cost of educat- Not�sc�ag tonami€tee ing kids, the length and enforcement of affordability restrictions and property values. i The act further created a state Housing Appeals Committee, which can issue compreI 11- hensive permits under certain circumstances if fewer than 10 percent of housing units Different standards , within a locality are countable as low- and moderate -income units. Angry abutters are sometimes frustrated that their local community cannot stop the con- 1 Failure of a town to meet its minimum housing obligations provides, under the regula- struction of a development in their neighborhood or near their homes that is different from tions, compelling evidence that the regional need for housing outweighs any objection to their own in density and size and perhaps, in their own vi@w, different in the population tho proposal to construct such housing. they expect will live there. i ! In summary, 40B provides a streamlined process, a fixed timetable, the ability for the Abutter appeals to superior court sometimes do successfully delay or stop developments. zoning board of appeals to waive zoning regulations relating to lot size, setbacks, building Many have suggested changes in the law, but housing advocates and many legislators heights, green space, etc., and a simple and sympathetic appeal process. are hesitant to tinker with the law for fear that its benefits will be lost. 40B is controversial in local communities because it overrides local zoning, often allow- Housing Appeals Committee Chairman Werner Lohe'instead is encouraging towns to - ` ' i mg increased density which reduces per-unit land costs, and because negotiate their best deals to help make good projects happen rather than to stop them alto it puts the ultimate approval of many affordable housing develop- . gether. I �? k z ments beyond the control of the local municipality. �, . Proposed changes ... ` Negotiate vuith deve&opens Several changes can be made locally to help towns deal with 40B and increase the sup- " � - ,�, In order to regain control,,the municipafi!,y must either negotiate a ply of affordable housing without changing the lad; including: - ,I , deafwk-ri the develo - that'satisfles` —1* , cities - — eetits le a]l-�`— - - _. g. -max. _:__.. ` ,�>; ;; P p Y l.�oc zai onln boards of ap, ej@ Ss oufd require that all units`be affordable in perpe 1 41 ti `' mandated goal of 10 percent affordable housing. Once the 10 percent 2. Local communities should develop the capacity to monitor continuing affordability; G threshold is met; the municipality s zoning board decisions may not g t3'� 110',�° ,< be overturned by the Housing Appeals Committee. 3. Local communities should find ways to restrict new or existing units so that they pro- �' `' 40B regulations also require that at least 25 percent of any develop vide perpetual affordability so those units can count towards the town's 10 percent goal; RICK PRESBREY ment built under 40B contain units that are affordable to households 4. Implement land use regulations which make the development of affordable housing with incomes of 80 percent of median incomes or less, and that the de- easier, such as allowing higher density and mixed use in some areas; velopment remain affordable for at least 15 years. . 5. Help create additional resources to develop affordable housing, such as the Commum i I'I Affordability for households in Barnstable' County, for the purposes of 40B, means that tY Preservation Act, and resources to help meet infrastructure costs. - I: a family of four with an income of 80 percent of median, using no more than 30 percent of So is the comprehensive permit law a good thing? I think it is. Units created under the - i, , their $41,000 annual income, can afford to rent a three-bedroom house or apartment for `law can provide useful and affordable housing for many in perpetuity. With proactive town �- about. $850 per month plus utilities. The current three-bedroom market price is between and community involvement, meeting the 10 percent goal is possible without significantly $1,100 and $1,200 per month. worsening the Cape's problems caused by residential overdevelopment, especially { . The same family of.four can afford to pay about $105,000 to buy a home assuming 100 compared to the benefits those affordable units provide:% _Y percent financing.The median sales price to buy a house is now in excess of $200,000 with Chapter 40B is also a useful tool in helping convince local officials and other Cape resi- -i very few homes selling for prices below $130,000. dents that it is in all of our best interests to respond to what has become a crisis on Cape -i Cod: the.shortage of available affordable housing. Failing to meet goal11 I , Currently, no town in Barnstable County has met its required minimum of 10 percent . Rick Presbrey is the director o f the Housing Assistance Corp. in Hyannis. ; �, . _- 1 1 . NI �. �- ® - 11 I i I I 11 -:1 . - . D, - ath I .1 I I Ujj l t: ' an I I_. i y , I« I ,11 - ,n b Nk-.V I � I I I ,� I . .1 . . 11 � . � . I . I I 11 . �, :. 1 I . "While you do not know life, how can. � I . � ' ou �^ YY „ Give Courtney my love and tell her She was looking up at me as students know about death?" : ,3 ' , 'j there's anything I can do...." sometimes do, expectant and waiting, as if - Confucius 551-479 B.C.,11 fir, _ � , "I will. And I'll see you in a little while:' an answer was forthcoming. Analects, Chapter 13 k#xx ,v Well, Kelley never made it to the exam: "Look,"I said,"Death is a stranger to you ` I 11r: Both the seats at their table were empty. at your age, If you're lucky. as life goes on, j:' But that's really the deal isn't it? Peo �k 1,� 1 tz>,` And a little bit of me was empty, too; think- you'get acclimated to it gradually.You have ple can spend their whole existence ing about two women so very young deal- - . a cat or a dog die, then someone you knew in this thin called life, but.never � DAN ing _ 1. . g ing with such a giant reality as the death of in high school, then the parent of a friend learn about life itself, like a man wandering a young parent: like Courtney's mom, and then your own from birth in a forest doesn't know he's in a class, .Courtney stopped; we talked for a few The students finished with the exam. parents. As life goes on, death is more fa forest, or a fish swimming in a sea doesn't minutes about Confucius and then she was Alone in the room, I gathered up my books miliar, like an old adversary who always -.i know it's in a sea. gone, carrying with her that youthful exu- and papers and stuffed them into my blue wins:' - . And Confucius was right, even 2,500 berance that seemed to hover around her. canvas briefcase. it was after 3 in the after- She was looking down toward her shoes i. years ago, when he said that those of us Looking back on thatIbesday afternoon noon, not much more than an hour before as I talked. ': _i who have not yet come to terms with life picture of her bubbling her way out of the sunset. "Someday, you'll be standing at our - are not going to be able to cope with death. classroom into the corridor outside, laugh- But in December, exactly two weeks be- mother's Y _1 g Y grave; you know; this is all prepa- . • It seems tome that's the reason why ing and goofing with her friends, I'm fore the shortest day of the year, darkness ration for that day. Death is part of life." _,: young people are stunned and confused by touched with sadness. was already quickly descending upon the At the mention of her mother's name she _ _ death -they haven't learned about life yet. It was going to be a longtime before I ' West Barnstable campus.The skeletons of looked up into my eyes and nodded her In the Eastern religions course this se- would ever see those laughing eyes and the giant oak trees outside the window head. mester, we've spent half of the semester that exuberant step again, and it was going were barely visible against the cold marble- As we tallied, we headed back in the di- studying and talking about Chinese religion to be a while before I would look upon that . gray sky to the east. rection from which she had come. She ' and philosophy, including, of course, the funny face she could make when she found . As I left the North Building and headed seemed to be chilled to the marrow. As we'11 writings of Confucius.The lectures are on something humorous. form office the cold air felt good, r I ` Y g refresh- carne to where we would part company, Tuesdays andThursdays at 2 in the after- For, five hours later, on Route 6A in Sand- ing and clean. I had one more class today, standing in the cold wind on the concrete noon. Our review session on Confucius was wick, Courtney's mother, Marsha Garland, and by 5 o'clock, I'd be done. I thought courtyard of the Arts Building, I took her in _I IastTuesday, with a test on Confucius sched- 50, was run down by a car. She died a few about lighting a fire in the fireplace when I my arms and held her close, as if to shield 11 - uled forThursday. hours later at Cape Cod Hospital. got home, and the more I thought about it, her from the cold surrounding her life this When I got back to my office after my 11 I knew that Courtney was an only child the better the idea sounded. day. . o'clock logic class on1hesday, there was a and that her father lived somewhere off- Then I saw her coming toward me on the And I realized how futile such an attempt � I r message on my machine from Courtney, Cape. All day, Wednesday, I wondered what otherwise empty walkway through the tall must be, for the cold this young woman 1 one of the students in the religions class. kind of a support system she had to help pine trees. We were alone - together. was feeling had little to do with December. - 1 The message said that she was going to be her cope with such a She looked like a character from"Les It was the existential cold that comes from a few minutes late for class that day, and massive blow a few weeks Miserables", or"OliverTWist", huddled up within the soul, and can only be mitigated she hoped that was OK. I just smiled to my- afterher 21st birthday. against the cold, the collar of her black coat by fires of experience, by living a life. _I= self as I erased the message, thinking of the EarlyThursday afternoon, the phone rang pulled up around her neck and ears. It was Someday, , she would be familiar with courtesy and respect that such a message in my office - it was cold, but it wasn't that cold. death, would truly understand it; and never displayed. Kelley. "Hi Kelley,"I"said. be surprised by it but as I watched her, a , 1 Sure enough, right on schedule, so to «I'm with Courtney"she said. "I missed the exam?" woman in her earl 20s walk awa I knew speak, Courtney came in through the door Good, I.replied. How s she doing. " "Yeah, but it's OK - you get to drop one. that today was not that day. Y� : 10 minutes late. I nodded to her from the . "OK, I guess." . You've taken all the others, right?" Confucius was right. ` i,: : lectern as I continued the class. She found a "How areYOU doing,"I added. She just nodded her,head, her teeth hold - seat at the table with her friend Kelley They "OK, I guess. I' going to be late for our mg inher bottom lip. Her eyes were red- � • Dan McCullough; a professor at Cape - ;_ always sat together at the same table, and, exam today'."(A message hauntingly simi- rimmed and filled with pain. Cod Commitnity College, is a Cape Cod - - 1 "I around the campus, it would be unusual to ' lar to Courtney's message 48 hours earlier.) "Is she all right?"I asked. � Tames colurrinist. His column runs on I I Irl � (a see one without the other. "She needs me to stay with her a little bit She nodded her head. ` Sundays. Write him, care o f the Cape _ ` I've known Kelley since she was born; longer." "And you?" Cod Tames, 41 g Main St., Hyannis, MA . I her mother and I are old friends. After ' "Fine,"I said. "I'll see you when I see you. "Yeah, I'm all right:' 02601: ; :,>� �, _ �l - 1..� - , - _ / .