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1/2006 Court Rejects Powder House Village Appeal

Court rejects Powder House Village Appeals
By Steve Landwehr , Staff Writer
Salem Evening News

1/2006

Ipswich- A key affordable housing proposal has cleared one major hurdle but could still face another.
A Superior Court judged has ruled in favor of the YMCA of the North Shore's proposal for 48 affordable homes on County Road, rejecting two appeals filed against it.

And while opponents of the apartment complex have 30 days to appeal the judge's decision, supporters say they are pleased.

“It was the outcome we expected all along. Hopefully, we can move forward with this project,” said Jack Meany, CEO of the North Shore YMCA.

The Zoning Board of Appeals approved the proposal in September 2004, but opposition soon mounted. A group called Ipswich Citizens for Responsible Growth formed, charging the project was too big, would overburden town services and increase traffic problems along County Road.

Town planners asked the Y to include commercial space in its plans, known Powder House Village, because the property is in a highway business zone.

Warren Jepson, a member of the group and neighbor of the proposed project, filed suit against it in November 2004 and was soon joined by the Ipswich Housing Authority, which manages affordable housing complexes across the road.

Jepson objected to the size of the project and has said he fears it could make flooding problems on his property worse. Housing authority members oppose having retail space in a publicly subsidized housing complex.

“It's using taxpayers' money to set up entrepreneurs,” housing authority Treasurer Sara O'Conner said the housing authority will meet Tuesday to decide whether to appeal the judge's approval.

As town officials struggle to meet a state mandate for more affordable housing, Powder House Village is playing crucial role. In communities where less than 10 percent of the housing is deemed affordable, developers can take advantage of the state's 40B “anti-snob” zoning law to skirt some local limits on projects by setting aside part of their housing as affordable.

In Ipswich, 7.6 percent of housing is classified as affordable- 412 housing units out of the 5,414 houses, condos or apartments in town can be purchased by a family of four with an annual income of less than $62,500, the standard for affordability.

But towns that have a state-approved plan to reach their 10 percent goal can stave off new developments for up to one year as long as they stay on track to meet their target.

In Ipswich, that means building at least 41 units each year – seven fewer than the Y's proposal.
Town Planner Glenn Gibbs is preparing to submit housing plan to the state. If it is approved and Powder House Village survives a second round of appeals, the town would have one year in which it could ward off developments it views as inappropriate.

In towns that don't have housing plans, such rejections are almost always overturned by the state.
Under the state's Chapter 40B law, the zoning Board has sole local authority over affordable housing plans. Chairman Bob Gambale acknowledged yesterday that while the Y proposal has been controversial, he thinks the court ruling is good news.

“We did the best we could, and the court upheld our decision,” he said. “As time goes by, we all get better at our jobs, and our 40B projects are getting better and better.”

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