“SAFE HARBOR AT LAST?
On Tuesday, a City of Waltham attorney claimed the city has reached 40B safe harbor.
“As I stand here, we meet the 1.5% minimum land area safe harbor,” Michelle Learned told the Waltham Zoning Board of Appeals (ZBA).
If state housing officials confirm her determination, it could block future 40B housing proposals and maybe even affect some now under consideration by Waltham zoning officials.
Currently less than 10% of Waltham’s housing stock qualifies as affordable with state housing officials.
As a result, the ZBA can do little to stop dense Chapter 40B proposals because they add affordable housing—typically 25% of the units for any given project.
But in recent years, neighbors have argued that these dense, tall and pricy luxury apartment projects fail to create truly affordable housing and have adverse effects on neighborhoods, schools and city infrastructure.
In the Totten Pond Road / Winter Street area, more than 1,250 units are either in process or have already been built in a largely non-residential area.
To block 40B, cities can either reach 10% Subsidized Housing Inventory (SHI) or have more than 1.5% of the city’s total land area occupied by SHI properties.
Waltham is nearing 10%, but Learned said Tuesday the city is at 1.67% land area, exceeding the threshold. A process will now follow to make the safe harbor claim to state housing officials.
And it could fail. The city has tried several times in recent years to claim safe harbor, only to have state housing officials reject the determination—and allow 40B projects to continue.”
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