Salem News
By Steve Landwehr
11/21/2007

IPSWICH - The state's Supreme Judicial Court yesterday OK'd the YMCA of the North Shore's plan to build 48 affordable apartments on County Road in Ipswich. The verdict ends three years of legal wrangling over the project, which split the town into camps that either supported or opposed the development.

While opponents of the project could petition for a rehearing - asking the court to hear the case again - such petitions are seldom filed and even more rarely granted.

The court's ruling was a rebuff of objections raised by neighbor Warren Jepson and the Ipswich Housing Authority, who claimed that because the YMCA's plan included some retail space (a day care center and some other limited commercial uses), the town's Zoning Board should not have granted a waiver from local zoning requirements.

In its written decision, the court ruled that, "Affordable housing developments do not solely benefit those who qualify for the housing." It also said the Y's plan to include a child-care center - which was added at the request of the town Planning Board - was an "incidental" use of the property, made the project financially feasible, and is not prohibited by the state's so-called "anti-snob" zoning law, Chapter 40B.

"They gave a strong and clear indication 40B can include other uses," said Jack Meany, CEO of the YMCA of the North Shore.

The court also rejected Jepson's claim that the project would worsen chronic beaver problems in the area and flood his property, diminishing its value. The court noted that both the state Department of Environmental Protection and the local Conservation Commission stipulated that the YMCA would be responsible for dealing with any changes in the surrounding wetlands caused by construction, as part of its special permit.

Jepson could not be reached for comment yesterday.

Critics wanted to downsize

Under the state's affordable housing law, local boards have limited authority over projects in which at least 25 percent of the apartments or condos will be affordable by people who make no more than 80 percent of the median income in the area.

In Essex County, that ranges from $46,300 for a single person to $66,150 for a household of four. All of the apartments in Powder House Village, as the development is called, will be affordable, much of it by people who earn even less than those maximum incomes.

Discussion of the controversial project has dragged on for years. The Zoning Board of Appeals approved the proposal in September 2004, but opposition soon mounted.

A group called Ipswich Citizens for Responsible Growth formed, claiming the project was too big, would overburden town services and increase traffic problems along County Road. They wanted the project scaled back.

In an e-mail yesterday representing the citizens' group, Janice Clemens-Skelton wrote, "Despite the SJC decision, the fact remains that a majority of our community stands in firm opposition to the scope and scale of this project. As individuals and a group we will continue to reach out to the YMCA, its boards and our town officials to address these concerns."

At last spring's Town Meeting, voters approved a nonbinding referendum urging the Y to reconsider its plans, which later also passed at the ballot box.

There has been at least one meeting between YMCA representatives and town selectmen to discuss changes in the project since the Town Meeting vote. Selectman Elizabeth Kilcoyne said talks are ongoing.

"I'm hopeful something positive will come out of that and make this the best affordable housing it can be," Kilcoyne said.

Gerry Beauchamp, executive director of the Ipswich YMCA, said the organization is willing to talk about aesthetic alterations, but "the footprint is the footprint" - the project won't be made smaller and won't be moved to another location.

"I'm excited we can finally put this in play," Beauchamp said.

Resident Carl Gardner was one of the vocal critics of the project. He said yesterday he wasn't surprised by the court ruling, but he was disappointed.

"It's unfortunate the YMCA didn't step back and consider another use for that property," he said.

A good project?

The court's decision could have a ripple effect on other 40B proposals in Ipswich. Generally, communities where less than 10 percent of the housing is affordable are at the mercy of developers. These 48 apartments will bring Ipswich up to about 9 percent affordable, said Town Planner Glenn Gibbs, but, more importantly, they will trigger another element of the 40B process.

In communities that develop a state-approved plan to reach their 10 percent goal, zoning boards can defer any more 40B projects for up to one year, provided a minimum number of affordable units were built in the previous year. These 48 apartments will satisfy that requirement.

Even projects that are in the process of being permitted can be deferred, though there's no requirement to do so. One such project in Ipswich is at the intersection of Town Farm and Locust roads. Zoning Board Chairman Bob Gambale said yesterday he wasn't sure how the court ruling might affect his board's actions on that development.

Howard Brown, one of the attorneys who represented the YMCA, said yesterday's ruling breaks new legal ground.

"There's not really been a clear case in Massachusetts that determined there could be a commercial component in affordable housing units," Brown said.

Not only that, he thinks it can be a good idea. Mixed use of buildings, in which both residential and commercial needs are satisfied, is generally positive, he said.

"If it's good enough for (Boston's) Fan Pier, why is it not good enough for affordable housing?" Brown asked.

Meany, the Y's CEO, said the organization will apply for funding for the project in February and should find out if it is approved in April. After that, he said he's anxious to start putting shovels in the ground.

"We're happy the court reinforced what we've believed all along," he said, "that this is a good project."

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