The areas outlined in green are the proposed 40R Smart Growth Overlay District on Fairhaven’s waterfront along Middle Street. See our website for a color version of the map, or visit the Planning Department’s page on the town’s website and click on 40R in the menu on the left: https://www.fairhaven-ma.gov/planning-economic-development or https://tinyurl.com/5b29sdcr Graphic from Fairhaven 40R SGOD materials.
An Opinion Piece By Wayne Hayward, Planning Board Member (1991-2023)
Special to the Neighb News
In the 2018, 2040 Master Plan Land-Use sections focused on the Mixed-Use (MU) Districts in the Center and North Fairhaven, Planning Directors informed that design regulations for the districts were needed to ensure the desired effect. Director Paul Foley took on that endeavor, brought in the Landscape firm of Dodson&Flinker using a $45,000 grant, later increased to $75,000 for design regulations and to research MGL 40R. There was local interest and it proceeded. Simultaneously, some took our attention away from two MU-Districts and redirected toward a new 40R district.
Nov. 19, 2024 Town Meeting Article One. A consultant recently stated if adopted “you may not see any 40R permits in 30, 50 or 100 years”. If that were true, why bother?
I predict the opposite will happen. 40R development is a state priority and those financial incentives are a driving force. The Berdon Plaza is controlled by one entity, OSJ Fairhaven. A developer could purchase the plaza, as the recent sale of the $14.2M Kings Highway Plaza. Staples Plaza and former Citizens Bank owners indicated a willingness to proceed. Fairhaven Commons Plaza is envisioned with high rise apartment buildings. Anchor store Walmart can remain while TKG Fairhaven Commons is in control of the plaza. 40R provides for leasing land for apartments.
If traffic, school or infrastructure has unanticipated issues, especially since MassDOT and SRPEDD have not studied Alden and Bridge Street traffic in regards to 40R and its proximity to Rt.240, tax revenue analysis has not been provided. The current shopping plazas are high revenue tax. The retail service industry is over 20% of our workforce. The 40R district will be permanently in state hands, no turning back. Relying on state district payments in the future is risky.
Forty communities considered 40R districts and did not proceed. Other communities have approved 61 districts; 31 provide for 300 units or less; 17 for 301-600, 8 for 601 to 1,000; Brockton 3,812, Lawrence 2,263, North Adams 1,280, Chicopee 1,092, Lawrence 1,031. Fairhaven 1,708 units would be the third largest in Massachusetts. The state 40R Parcel Density Data Application is a self-populating spreadsheet using equations not subject to local adjustments. Same for all towns. Property data-in; Total Future Zoned units-out. The state list is useful in apples-to-apples comparison with other 40R Districts. It is true not every unit will be built, but that is not unique to Fairhaven.
The Town of Dartmouth adopted 40R at the Lincoln Park property and built 319 housing units, but no interests from business. The town did not however, overlay 40R zoning along Route 6, North Dartmouth Mall or plazas. They have not added 40R districts since 2006.
The Planning Board has not adjusted the model bylaw density for gross number of units, which would result in less impact for the community, after repeated warnings from the consultants to reconsider. Instead, the board has deflected with threats of impending 40B housing. In order to comply with the 10% State subsidized housing mandate, Fairhaven needs an additional 223 units. The proposed zoning bylaw requires 20% of the new units be affordable. If the Planning Board amended to “shall be 25%” until our number of subsidized units equal 10 percent, we would benefit. If a 100-unit apartment building has 20% affordable units, 20 units would be deducted from our deficit. If 25% of the units were mandatory, then all 100-units would count.
It’s all about our numbers. Some towns have allowed 6-20 units/acre. Article one provides 60/ acre in areas. Some towns allow 2-4 story structures, the proposal for Fairhaven is 5-6 stories. 1,708 units could equate to 3–5,000 new renters residing in a new Precinct Seven.
Prior Planning Boards constantly tried to entice developers in providing off-site sidewalks, trees, and street improvements and consistently met with reluctance. A single apartment building in the proposed Smart Growth District will not find it feasible to begin paving sidewalks, creating new interior streets, lighting, pocket parks, all required in the proposed regulations. These will not be individual “pad” sites, but part of a larger plaza district design. The only feasible action is to develop the entire plaza.
Change could occur quickly. Any State District Payments would be consumed in supporting the increased infrastructure needs. As the last Town Meeting’s disapproval of ADU’s by right, in residential, commercial and “industrial” zoning districts accidently revealed, we get better results after second reading of bylaws, with complete and appropriate verbiage, like this year’s Article 13, compared to the first bylaw attempt.
Proposed Article one should give pause.
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