Read DHCD-Finding-Letter-2-16-10.pdf text version

Commonwealth of Massachusetts


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Deval L Patnck, Governor


T~mothy Murray, Lt Governor P


Tina Brooks, Underse etary

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February 2,20 10 Eugene P. Beaupre, Chairman Hanover Zoning Board of Appeals Town Hall - 550 Hanover Street Hanover, MA 02339

Comprehensive Permit Application - Hanover Woods, LLC

Dear Mr. Beaupre: The Department of Housing and Community Development (DHCD) is in receipt of your December 12,2009 letter to Mr. John J Sullivan (the Applicant) regarding the application for a Comprehensive Permit filed by Hanover Woods, LLC. Your letter seeks to provide notice pursuant to 760 CMR 56.03(8), that the Town of Hanover Zoning Board of Appeals (the Board) considers the denial of the Comprehensive Permit filed by Hanover Woods, LLC., to be consistent with local needs. Specifically, the Board claims a "safe harbor" -- having a certified housing plan pursuant to 760 CMR 56.03(4) (f). DHCD has also received the documentation provided by the Applicant challenging the certification of the Hanover Housing Plan, and therefore the Board's decision to deny the Comprehensive Permit. The Applicant also makes several claims including excessive fees designed to undermine the Hanover Woods LLC., Comprehensive Permit Application. These issues may have consequences and are more appropriately addressed by the Housing Appeals Committee (HAC). Thus, under 760 CMR 56.03 (S), this correspondence addresses the certification of the Hanover Housing Plan pursuant to 760CMR 56.03 (4) (0. DHCD has completed the comprehensive review of the materials provided by both parties within 30 days of its receipt of all materials. Background DHCD issued a certification approval letter to the Town of Hanover on November 24, 2009 the letter stated:

The Department ofHousing and Community Development (DHCD) certz3es that the Town of Hanover is in compliance with its AfSordabIe Housing PIan (AHP). This certzjkation is effective for a two year period beginning on October 29, 2009 to October 28, 2011. This Certzjication of Municipal Compliance is based on the following findings: Hanover has provided evidence that the required number of units described in its request is eligible to be counted towards certiJication. The 66 Subsidized Housing Inventoy (SHI) eligible units in this project (Barstow Village SHI ID # 9141) meet the number necessary to satisfi a two year [email protected]&ion threshold. The housing development is consistent with the production goals outlined in Hanover ' Affordable ,?Tousing Plan. s

100 Cambridge Streef Suite 300 Boston, Massachusetts 02 114

Finding DHCD finds that the Board has met the burden of proof for asserting that a denial or approval with conditions would be consistent with local needs on the grounds that it has achieved one of the "safe harbor" standards set out at 760 CMR 56.03(1). Please contact Phillip DeMartino, Technical Assistance Coordinator, at (617) 573-1357 or [email protected],, if you need assistance.


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Sandra L. Hawes Associate Director cc: Senator Thomas P. Kennedy Representative Robert J. Nyman R. Alan Rugrnan, Chairman, Board of Selectmen, Hanover Stephen S. Rollins, Town Administrator, Hanover J Andrew R. Port, Town Planner, Hanover Margaux LeClair, Senior Policy AnalystFair Housing Specialist, DHCD Deborah Goddard, Chief Counsel, DHCD Christopher R. Agostino, Esq. Backer, Braveman & Barbadoro, P.C. John J. Sullivan, Manager Woodland Development Company


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