The proposed MGL 40B project for the former Park Motors property at 67 Middle Street in Fairhaven includes three buildings with a total of 60 housing units. Utilizing 40B allows a developer to skirt local zoning laws. Scan of Schematic Design A00 by DJSA Architects submitted to the Fairhaven Select Board on 8/19/24.
By Beth David, Editor
The mysterious 40B developer that has been cited as the reason the waterfront district was put back into the proposed 40R Smart Growth Overlay District in Fairhaven was officially revealed at the Select Board meeting on Monday, 8/19/24. And it is, indeed, as speculated, Lars Vinjerud II, operating as Sun Harbor Fairhaven LLC, who is proposing a project for the former Park Motors Building at 67 Middle Street. Mr. Vinjerud is a well-known business owner in the area, who operates at least three restaurants/bars, owns a fishing fleet and other fishing related businesses, and owns rental properties.
Michael Kehoe, an attorney with Partridge, Snow & Hahn, representing Mr. Vinjerud, presented the project to the SB. In a memo to the board, he said they want to utilize the MGL (Mass. General Laws) 40B Local Initiative Program, which requires a letter of endorsement from the SB to include in the state application.
Chapter 40B allows developers to skirt local zoning laws if a municipality does not have at least 10% of its housing stock designated as affordable or low income. Fairhaven has not reached that threshold. Chapter 40B requires the project to have at least 25% of the units designated as affordable for 15 years.
The project consists of three buildings that will include a total of 60 units: 48 one-bedroom; six one-bedroom plus den; and six two-bedroom.
The placement of the buildings avoids two known issues with the site: a drainage pipe that crosses the property and goes into the Acushnet River/ harbor; and an “activity and use limitation area” that cannot be disturbed because there is contaminated material that has been encapsulated there.
Some parking will be on the ground, under the apartments, and some will be outside on the 1.24 acre site. The buildings have three levels above the parking level.
Mr. Kehoe told the board that this is not a “cram down” their throats 40B project. He said they are trying to work with the town and they are only using Chapter 40B to streamline the process.
He said they were not looking for approval that night, but had hoped to get some feedback, come back in the “near future” and then begin the process with the state.
It was the first time that SB members had seen the schematics and other information about the project.
The project will have to work with the Zoning Board of Appeals and Conservation Commission.
Mr. Kehoe said he believed the project will serve the town well, providing affordable units and some at market rate. He said the state will have a cap on the percentage the project can make, a state agency will monitor it. There will be a lottery for the affordable units, and Fairhaven residents can have a preference, if the board requests that.
He said town officials will be “proud” of the project. The site as it is currently is an “eyesore,” he said.
Mr. Kehoe and the board also discussed the 40R overlay district which will include that parcel. He told the board that when they discovered the Activity and Use Limitation Area it complicated matters. Board members asked if they would still consider a 40R project, which has different design standards and would not allow as many units.
Deven Franco, who said she worked for Mr. Vinjerud, told the board that they had originally wanted a 40R project, but then realized it would be a lengthy process.
The 40R district has not passed Town Meeting yet, and if it does, the state will then need to approve it before any projects can be built.
Ms. Franco said they might be willing to change the design to fit the 40R, but she was not sure Mr. Vinjerud would want to wait for the process to play out.
SB member Charles Murphy asked to clarify that the 25% affordable units would give priority to Fairhaven residents. Mr. Kehoe said they wanted to encourage the town’s input because it will help with the state. The affordable units will have to be by lottery, he said, with a formula the state will create that can include a preference for Fairhaven residents.
When asked what the “timeline” was for the project, Ms. Franco said, “tomorrow.” She added they have been waiting for awhile and are “anxious to get it moving.”
The board and Mr. Kehoe discussed the various timelines with the board’s meeting schedule, the Special Town Meeting scheduled for November 19, and the likely timeline for the state to approve the 40R if it passes at STM.
Patrick Carr, who is on the Planning Board and the ZBA, and owns a parcel in the proposed 40R district, said that Lars is willing to work with the town.
“We need to work in good faith,” said Mr. Carr, to show that the town wants to work with him.
He said there is a “stark difference” between 40B and 40R. An investor/ developer always wants more density. He said the town can negotiate if it is a 40R and maybe they can get Mr. Vinjerud to wait until after the November STM.
“But one way or another after that…they’re putting shovels to the ground,” he said.
Former SB member Bob Espindola asked Mr. Carr to clarify if he was speaking as a PB member.
Mr. Carr said he was not representing the Planning Board.
He read some information to the board about the 40R and the 40B, saying that the PB is the permit granting authority and with the 40R there is local control.
“And with all the financial incentives with the 40R, kind of makes it a no-brainer,” said Mr. Carr, who has been a strong advocate of the 40R project on the PB and in other public venues.
However, at the last public hearing that discussed the 40R project, Attorney Adam Costa confirmed that a developer can still build a 40B project, even inside the 40R district.
Several members of the public also spoke and voiced concerns over the project.
Michelle Costen said she was concerned about the flooding and other hazards that made the working group remove the waterfront district from teh 40R district. She said the new district would not help middle class people, and adding the other 75% at market rate will bring in more people with higher incomes, increasing the median income for the town. She said she would rather see the 40B project because the profit is limited by the state.
Jeffrey Lucas, who was on the Planning Board for several terms, said he was worried about stormwater runoff, with such a big project taking up the whole of a currently unpaved site.
He noted that the PB had approved two projects for that site over the years, but they never happened.
The area already floods, said Mr. Lucas, and with the state’s big push to get housing, “It scares me what they’re willing to do.”
SB member Keith Silvia said the public works department has a “shovel ready project” to fix the drainage in that area. They are just waiting for funding.
Andrew Steiner, from Bohler Engineering, said stormwater will be a “major component” of the final grading on the project.
SB member Andrew Saunders asked about the kind of authority the state agencies have that oversee the project.
Mr. Kehoe said the 40B is “not a get out of jail free card.” It is only to streamline the process.
In the end, the board did not vote on the project or on sending a letter to the state. The project will be on the next SB agenda at its September 9 meeting.
Mr. Kehoe said they would take into consideration the concerns they heard and ask Mr. Vinjerud if he is willing to wait until after the November STM to see if the 40R overlay district passes.
In another matter, the board heard from Morgan Dawicki, chairperson of the Charter Committee, who asked for input on changes the board may want to make to the Town Administrator Act.
The town of Fairhaven does not have a charter, it is regulated by a combination of bylaws, special acts (legislation passed specifically for the town), and Mass. General Law.
The Charter Committee is charged with reviewing all aspects of town government and making a recommendation to Town Meeting for changes, including creating a town charter to replace the variety of regulations currently in place.
He said it has been 10 years since the TA act was passed, and it was a logical time for the town to consider changes.
Board members asked why the committee’s recommendations for changes were not submitted. Mr. Dawicki said his committee wanted the unbiased input from the board.
He said they work with the TA, and so they would know of any limitations of the act as written.
Board members discussed possible small changes, but opted in the end to have the board members come up with suggestions to be discussed at another meeting.
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