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'Palmer Pointe' Described as Filling Barrington's Need for Affordable Homes

The developer of the 48-unit rental project, East Bay Community Development Corporation, holds a public meeting on Tuesday night before starting the application process.

 

Barrington’s need for more affordable housing under the state's 10 percent mandate is driving the proposal for Palmer Pointe – the 48-unit rental development targeting the Sowams Nursery site.

“We’re responding to the town’s need,” said Frank Spinella, a development consultant to East Bay Community Development Corporation, the developer, at the first public presentation of the plan on Tuesday night, Nov. 27.

And building rental units, not affordable homes for sale, is the only way for EBCDC to get the federal money from Rhode Island Housing it needs to create the development, Spinella said.

At the same time, he said, to make the entire project feasible, EBCDC needs the Town Council’s support of taxing the project at 8 percent of its affordable rents – as the town does for Sweetbriar, EBCDC’s other project in Barrington.

Palmer Pointe would be “infeasible” without that support from the town, Spinella said.

The public presentation was set up to get feedback from the neighbors even before the developer starts the formal process of getting approvals from the Barrington Planning Board, DEM and the Coast Resources Management Council.

For the most part, there was little rancor or teeth-gnashing at the 90-minute meeting in the Barrington library auditorium. A variety of questions were asked of Spinella, Don Powers of Union Studio – the architect for the project, and Shawn Martin – the Fuss & O’Neill engineer for the project. Attorney Stephanie Federico also was on hand to respond to questions.

Just about the only question that get a bit confrontational was: What is being done to address the concerns of homeowners who want to stay living in town even as they are being asked to subsidize affordable rental units while paying taxes on their own properties. And that question was primarily rhetorical in nature.

Spinella led off the presentation by providing a framework for the project: 48 units made up of 12 1-bedroom, 23 2-bedroom and 13 3-bedroom units grouped on the western side of the nursery. A PowerPoint presentation flashed slides on a screen over the stage.

Spinella also explained the comprehensive permitting process the project will have to navigate, including the next step – a pre-application hearing with the Planning Board sitting as the Technical Review Committee. As a major subdivision, there will be approvals needed for a master plan, a preliminary plan and the final plan.

The pre-application hearing is expected to take place in February, said Powers after the meeting. That is the next step.

Powers spent most of his time detailing how he created a proposed site plan that is “the best attempt for a respectful fit in this neighborhood” in Barrington – “a poster town for being unaffordable” for potential homeowners.

Powers said the size of the individual units will be comparable to the adjacent Orchard Avenue properties, the number of units per acre – about 5.2 – will be comparable to that neighborhood, and the “rhythm of the rooftops” will be similar to Orchard Avenue as well.

The development also will have architectural characteristics that are traditional in form and detail and built with durable materials that reflect “timeless architecture.”

“We will replicate and continue the pattern of that neighborhood,” he said.

The landscaping also will involve public vistas with common greens and shared space that will create a sense of community. It will have a scale of a single-family neighborhood with little or no visual impact from Sowams Road.

Martin talked about the environmental impact of the project for the most part. He said the units will be clustered on the west side of the property to stay away from the wetlands that border the Palmer River.

“We will be using a low-impact approach,” he said, that will comply with all water-quality standards.

The developer will actually be restoring some wetlands that have been impeded upon, he said, a requirement from DEM.

“It will be incumbent on us to prove that we won’t harm any of the ecology,” added Powers. “The burden of proof is on the developer.”

At this point in time, he said, “the horse is not out of the barn and can’t go back.” The team has to modify the plan as needed.

Questions about public transportation, parking, and the maximum number of persons who can live in each unit also were addressed.

The development will be professionally managed, said Spinella, just like Sweetbriar.

“We’re not just going to build it and walk away,” he said.

There will be a laundry on site that will be built also to serve as a community gathering place and a place to pick up mail. It could be made into a public laundry if neighbors desire it, Spinella said, responding to a question.

"I don't think I've ever been asked that question before," he said.

Related Topics: Affordable Housing, East Bay Community Development Corporation, and Palmer Pointe affordable housing development

Gary Morse

6:01 am on Wednesday, November 28, 2012

Correction to the above article - The EBCDC wants their property tax rate to be subsidized by town residents at a lower rate of 8% of the affordable rents (around $600 annually per unit), not "its value", as reported.

The EBCDC tried to convince the audience that there isn't enough affordable housing in Barrington. Apparently, they don't read the weekly "Homes Sold" list in the Patch.

What EBCDC was really trying to pitch was that there isn't enough subsidized rentals in town.

The EBCDC admitted that this rental project can't move forward without local property tax subsidies paid for by town residents (i.e. at the 8% of rent rate, not based on a property assessment). Residents must pay their property taxes based on an assessed value.

Even Walker Farm residents must pay property taxes based on an assessed value (around $3000 annually). The average Barrington tax bill is over $9,000 annually.

On a per capita basis, Barrington residents are already the highest taxed in the state.

http://barrington.patch.com/blog_posts/is-barrington-the-worst-of-worst

Our new town council will have to decide whether to push our "highest taxed" status even higher, or challenge the request for rental property tax subsidies.

A challenge seems reasonable since many existing residents cannot afford the property taxes they already have. Our town council should be representing the interests of town residents, not the interests of developers, and bad public policy.

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Gary Morse

6:31 am on Wednesday, November 28, 2012

Not all questions were answered last night as the questions were halted at 9 pm.

One important question the council needs to consider is why Walker Farm homes are deed restricted at 99 years, but the EBCDC limits their deed restrictions to 30 years (e.g. the Sweetbriar lease option to end the deed restriction after 30 years).

With limited space to build in Barrington, it is an insane public policy to have affordable housing (subsidized by Barrington taxpayers) that can be cashed out after only 30 years, requiring more affordable development to make up the new shortfall.

In fact, one example of "cashing out" occurred at the EBCDC's managed property at 14 Western Avenue in Barrington where the property was flipped for a higher price (an 80% profit) after only 11 years.

This public policy is only serving the interests of developers, not Barrington taxpayers.

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Lorraine F

7:49 am on Wednesday, November 28, 2012

I guess we have to live with RI being ranked 2nd worst run state in the nation for good reasons, this issue being one of them.

http://www.golocalprov.com/news/report-ranks-rhode-island-2nd-worst-run-state/

Anon

8:24 am on Wednesday, November 28, 2012

Gary: you are the master of inconsistency. hahahaha. On the one hand you say we don't need to build affordable housing. On the other you criticize 30 year deed restrictions as too short. It's like you get all bent out of shape and complain about how awful everything is, but never come up with any solutions that would actually work. I think you just want to make noise - the town blowhard.

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William Rupp

8:46 am on Wednesday, November 28, 2012

Gary, thanks for the correction. As an aside, I am impressed by the "talent" behind the project, particularly architect Don Powers and his Union Studio. If there is anyone out there who can make this fit into the neighborhood, it would appear to be him.

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Gary Morse

9:16 am on Wednesday, November 28, 2012

Bill,

I agree, Union Studios has impressive talent. But as was pointed out last night, 22% of the households in town fit into the HUD model for affordable housing, but those residents are required to pay the full weight of their own property taxes. This includes those at Walker Farms.

Architecture is not the problem.

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William Rupp

9:30 am on Wednesday, November 28, 2012

Gary,
Agreed, this seems as if it will be as beautiful and well-developed an affordable housing complex as is feasible. With some additional public access to the water, too, if you can carry a canoe or kayak down the existing path.

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dogma

10:34 am on Wednesday, November 28, 2012

Yes, the architects design is great and aesthetics fit the town look. But this is a solution looking for a problem, and our politicians are only too happy to provide the 'problem". Palmer is a response to a state mandate that seemed necessary almost ten years ago. However the world changes- so why don't state mandates also change? There is affordable housing all over RI! We must push our local politicians to push the state politicians to stop raising my (already the states highest) taxes to artificially create in Barrington something the MARKET provides all around RI: housing that meets the financial capabilities of each taxpayer.
Make the sacrifices to live here, or don't. But stop making the sacrifice more difficult with ideas like this.

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lancer

10:51 pm on Wednesday, November 28, 2012

Has anyone produced the numbers to see what percentage of the state mandate is being met. The Palmer Pointe project strikes me as another project where a small group with connections makes out financially at the expense of the average tax payer. Reference the "need" for affordable housing being met by the half empty walker farm.
If the council would like Barrington to be truly affordable, cut taxes by cutting spending (two Harbor Master Boats, the chipping program, the $2M per year library just for starters). Then perhaps our senior resident could stay in their homes.

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William Rupp

8:49 am on Thursday, November 29, 2012

Barrington is at about 2.5% to 3%of the state mandate of 10%. A long way to go in a town that has been described as "built out" in the comp plan. A high rise at Zion might be the only way to meet the mandate and who would support that?

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Scott Clark

10:22 am on Thursday, November 29, 2012

As a build on William's note: MOST RI towns are nowhere near compliance as well. You can see them all here: http://www.housingworksri.org/cities-towns. After almost 10 years, state-wide compliance is only at 3%. A handful of towns are there, some were already there when this mandate was past. But the rest are in the 1-3% range like us.

Prior residents and the Town Council fought Sweetbriar all the way to the State Supreme Court. That case was lost in part because our Comprehensive Plan did not then include a clear plan to achieve the State Mandate. It has since been revised, with a number of open plots designated for dense housing, including Sowams, George St and a few other areas.

So this isn't really a fight against EBCDC, the Engineer, nor even the Town Council. It's a fight back to the State level.

The challenge is cost.

1) Is the Town Council motivated to fight for an exemption or to overturn the law, and is Barrington willing to carry a few hundred thousand dollars in legal fees to do so?
2) Would the town be willing to ally with other towns in RI having the same types of discussions and spread the cost and efforts.

So far, there hasn't been a sustained effort to push back on the State mandate as far as I can tell. The focus usually is on the individual development, and only after the sale is made, which is way too late to have it easily stopped.

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Gary Morse

12:45 pm on Thursday, November 29, 2012

Scott

Nowhere in any part of the statutes does it say that a town is required to modify its property taxation policies to accommodate new affordable construction. But this is exactly what the issue is at this point.

EBCDC cannot move forward with any rental project without a local property tax abatement paid for by local residents.

Does the town council believe that residents should subsidize affordable rental housing to make us the undisputed king of the hill in highest property taxes on a per capita basis?

All we have to do is say to EBCDC that they should get their subsidies from the state, not local residents, who are already paying the highest property taxes in the state on a per capita basis.

lancer

10:54 pm on Wednesday, November 28, 2012

It is also a fallacy that any part of this is consistent with the neighborhoods
character.

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Scott Clark

9:55 am on Thursday, November 29, 2012

They do have kind of a broad definition fo "neighborhood"; however, much of the development wouldn't be seen from Sowams Rd either since the houses currently there will remain.

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lancer

11:05 am on Thursday, November 29, 2012

Hi William,
I always appreciate a fact based discussion, were the 2.5-3% number you quoted calculated before or after the 2006 real estate crash?

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steve martin

11:22 am on Thursday, November 29, 2012

It is approximately 2.5% as of August 2012. This number is based on the total of all dwelling units in Barrington (around 6,400) and the State mandate that 10% must be deemed affordable (approximately 640 and we currently have around 160 approved affordable units). My numbers may not be exact but they are close.

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Gary Morse

12:24 pm on Thursday, November 29, 2012

Steve,

The Housing Board and the Planning Board are not applying the full set of RI statutes when doing the 10% count. There are two RI laws that must be followed when writing the Comprehensive Community Plan. Housing and Planning are only applying one of those laws. The one being ignored does not require a deed restriction when doing the 10% count (the Comprehensive Housing Production and Rehabilitation Act of 2004).

Both laws were created/amended in 2004 when this affordable mess was codified. So why is one of the laws being totally ignored by the Housing and Planning Boards when doing the 10% count?

Of course the answer is that someone is telling you to do it this way.

This might be corrected if we had some objective legal input. But currently, the legal input is being provided from a law firm who is at the same time doing side legal work for the person who is the Executive Director of EBCDC?

Housing and Planning have an image problem that instead of being objective, they are pushing a one sided agenda that is out of line with the residents of Barrington.

The 10% count is one of those problems.

Samantha

2:09 pm on Thursday, November 29, 2012

I'm confused about what the definition of "affordable" is. I just purchased a home in Barrington for the same price range as the Walker Farm properties. My husband and I chose NOT to pursue those properties for many reasons, but the largest is that as a low income property, we would have been restricted to who we could sell to down the road, thus eliminating "sweat equity" as a way for us to buy a better home someday.

Does the home that we purchased instead count as an "affordable" house? I suspect not. I also suspect that with the number of houses that have sold for under or around $210,000 in the past few months that there are many properties that are "affordable" to people with lower incomes that are not "approved" as such. Why is no one taking a hard look at what "affordable" truly means in this town? Perhaps we are closer to the quota than we are being led to believe.

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Gary Morse

5:09 pm on Thursday, November 29, 2012

Samantha,

You can find the definition of "affordable housing" under the Comprehensive Housing Production and Rehabilitation Act of 2004 at:

http://webserver.rilin.state.ri.us/Statutes/TITLE42/42-128/42-128-8.1.HTM

You will note that there is no mention of a "deed restriction" in the definition.

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cj gordon

8:29 pm on Thursday, November 29, 2012

I agree with some comments further down the page about the need for Town Council and legal "push backs" for a multitude of reasons. Others have also raised Samantha's point to include looking at the "affordable" houses on the market and those that will be for sale and deeding them as "affordable houses" legally. This would, from what I've been advised, meet our 10% quota as opposed to these developer built outs that even town council reps acknowledge never will.

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nauticus

4:12 pm on Saturday, December 1, 2012

I agree, as someone who also purchased a house in Barrington adjacent to this proposed development knowing full well that Barrington is more of a "pay to play" community with regards to schools, services, etc; I am disappointed that I would have to be supporting subsidies for a development while looking at an "affordable" house down the street for sale on the market for around $160k.
As much as the state wants to push the 10% affordable quota, I think this project is a folly, and would result in nothing more than higher taxes, and a loss of another piece of scarce green space. I think the town council needs to come to terms with the fact that "affordable" in Barrington is around the $200k mark.

steve martin

2:59 pm on Thursday, November 29, 2012

In RI, Rhode Island Housing establishes the rules for the "definition" of what can be counted as an affordable unit. They are a private company authorized by The General Assembly to carry out this task. Homes can only be counted if they are deed restricted for a minimum of 30 years but may be longer. Also, the party either renting or purchasing must meet income qualifications up to 100% of area median income as defined by HUD.
The reason for the deed restriction is obvious, what is priced at an affordable level today may appreciate over time and no longer be affordable. The deed restriction protects against market appreciation.
This is the applicable law established by RI Housing ad is the only criteria used in determining if a house or apartment can be counted by a city or town. Hope this helps.

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Gary Morse

3:45 pm on Thursday, November 29, 2012

Steve,

With all due respect, you are way off in your understanding. HUD defines how their funds can be applied, not how RI General Laws are to be interpreted.

RI Housing, as you point out, is "a private company". They have admitted to me that the RI statutes are ambiguous and can only be resolved through the RI courts. (my prior conversation with Mike Milito, legal counsel at RI Housing.)

The ambiguity of how to count the 10% has not yet been resolved in the RI courts. There is no pending, or prior case on this matter.

It sounds like everyone is drinking the RI Housing Kool Aid, and not asking legitimate questions. RI Housing is, after all, full of people whose jobs depend on how much power they can gain over the cities and towns. Of course they will have a biased view of how this system is supposed to work and would love the idea that they can gain control over local taxing powers

I would prefer to see more push back on what are obvious ambiguities in the law. And push back by someone not in the affordable food chain.

Lorraine F

3:59 pm on Thursday, November 29, 2012

This is beginning to smell like the EDC.

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cj gordon

8:41 pm on Thursday, November 29, 2012

I just saw a public listing for "0 Sowams Rd" (to be built) and the asking price is $199,000. Why aren't we advocating that that home and others like it be deeded as "affordable housing"? By the way, I'm not opposed to housing being affordable!

Basic Information: Price: $199,000; Type: Lots & Land; Taxes: 3960.0; MLS ID: 1029512

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Gary Morse

8:38 am on Friday, November 30, 2012

cj,

I trust you're familiar with Hans Christian Andersen's "The Emperor's New Clothes".

The decision not to ask your legitimate question is due to the stacking of insiders and advocates in the local and state boards, our less than objective public officials, and a regime called RI Housing.

Barbara Donovan

9:14 pm on Thursday, November 29, 2012

Read my latest blog --- I found the waterfront aspect of Palmer Pointe quite interesting - I always thought Palmer River waterfront was conservation land -- quite a shock to discover otherwise.

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john harker

9:28 am on Friday, November 30, 2012

Absent any financial impact statement on this development proposition, might a layman take a stab at what favorable tax treatment means to the developer of this project?

($150K/unit average sales price x .90 (assessment adjustment)/1000 x $18 per thousand mil rate) - ($800 estimated net property tax paid per unit) = $1,630/unit taxpayer contribution/unit/'year.

The per unit tax advantage, over ten years @ 4%/year (average budget increase in our town for the last 10 years) translates to $19,500 per unit. Over thirty, well.

Readers might take issue for this distillation based on its simplicity and assumptions. Fair. One thing is certain....readers, let me re-phrase, citizens looking to be informed, will not find, anywhere, a financial impact statement coming from our elected officials or town professionals on the tax burdens of projects such as these that are shunted, in large part, from the developer to the citizenry.

Some of us have asked publicly that a financial impact statement be provided as part of the oversight responsibilities of our elected officials for projects such as these. There doesn't seem to be an appetite for this basic planning data point. Given the gravity of these long term public policy decisions, this scribe finds it more than curious that we accept this.

Respectfully,

John Harker

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Correction

3:01 pm on Friday, November 30, 2012

A financial impact statement provides no legal basis to deny the applicant. Why don't you just try to limit the development to single bedroom units, that way it would discourage any families from the project and have absolutly zero impact on the school system...........just saying...........

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Gary Morse

4:02 pm on Friday, November 30, 2012

Correction,

HUD funding would disallow single bedroom design in the same way it would disallow seniors only.

What is needed is for the council to tell EBCDC that if the state wants this so badly, then it is incumbent on the state to subsidize the difference between assessed value, and "8% of rent" on the annual property taxes.

Residents need to tell the council members that this is what the town wants.

Scott Clark

10:17 am on Friday, November 30, 2012

Personally, I feel the main issue is that the level of effort and amount of resources needed to truly fight something like this can easily exceed the capacity of a group of citizen volunteers who lack the financial and legal backing that the EBCDC and State both have in abundance.

To Gary's earlier point, there are some assumptions being made about what's required. However, those assumptions are being made by the Town interpreting how to achieve a mandate they don't want to fight and by a company specifically positioned to benefit from those interpretations.

Given how many years and how much money was spent on the unsuccessful fight to prevent Sweetbriar, it's understandable how the wind can be taken out of the sails :)

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Correction

4:25 pm on Friday, November 30, 2012

Gary,

Read the story above...........EBCDC are proposing twelve of the units to be single bedroom.......if HUD doesn't want to fund the entire project with single bedroom units let RIHMFAC fund it......they are the agency imposing this artificial 10% cap anyway. As far as seniors only, you can't do that because it is discriminatory. If you make one bedroom units only that that will probably attract seniors as anyone with a family would not want this type of setup.

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Gary Morse

4:43 pm on Friday, November 30, 2012

Correction

You can't have an exclusive single bedroom configuration and get government funding, HUD or RIMFAC.

Housing reserved exclusively for senior citizens is exempt from the federal and state age discrimination statutes.

Correction

6:02 pm on Friday, November 30, 2012

Gary,

Then let them get private funding and impose 99-year deed restirctions. It does not have to be funded by HUD or RHIMFAC.

With all due respect, no, housing cannot be reserved exclusively for senior citizens, that is age discrimination, ask an attorney. By building one-bederoom units you are for all intents and purposes marketing to senior citizens

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Gary Morse

7:32 pm on Friday, November 30, 2012

The Housing for Older Persons Act of 1995 (HOPA) amended Title VIII of the Civil Rights Act of 1968 (Fair Housing Act).

http://www.hud.gov/offices/fheo/library/hopa_final.pdf

HOPA falls under HUD jurisdiction.

Elderly housing has to be based on a written document spelling out the rules and regs of the complex and that it is for elderly housing. Lacking that document, any housing project would fall under the Fair Housing Act, unless it is deemed to be a club, e.g.- housing for an artist colony.

Barbara Donovan

6:15 pm on Friday, November 30, 2012

Gary - why are seniors exempt ? Even if they are moderate/low income ?
If that is true - we need to change that !!

Meanwhile we have lost a lovely piece of waterfront land ---- If it had been developed into Sr. condos, the Town would have had more revenue.
Then the other side of Sowams Rd. could have had the low/moderate housing and it would have been a wash in taxes.

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Barbara Donovan

6:41 pm on Friday, November 30, 2012

I would say that NOT building just for seniors is AGE DISCRIMINATION !!!

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Chris12

6:45 am on Saturday, December 1, 2012

www.cranstonpatch.com 12/1/2012 - Tell me again why need need to build affordable housing when there are 100's of affordable homes all over the state

Coventry has had an average of 318 homes on the market with a median list price of $201,583 for the last three months. The data shows 40 homes are being sold per month with a median price of $162,350.

In East Providence, an average of 270 homes has been listed on the market during the last three months with a list price of $189,900. What’s sold? About 35 homes per month with a median price of $143,733.

Over the last three months, there has been an average of 262 homes for sale in North Kingstown with an average median list price of $166,566. On average, 31 homes are changing hands each month with an average median price of $150,000.

In Smithfield, there has been an average of 129 properties listed for sale from August until October at a price of $253,966. Each month, an average of 16 transactions is being closed at a price of $225,983.

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Lorraine F

9:01 am on Saturday, December 1, 2012

Thanks for the great link Chris. The actual story link is at:

http://cranston.patch.com/blog_posts/ri-home-sales-outperform-other-states

Where are the environmentalists on this issue? This is all about "carbon-producing, plow under the environment" new construction, not rehabilitation of existing stock.

Our Conservation Commission might have a word or two on the environmental impact of new construction vs rehab.

Barbara Donovan

5:26 pm on Saturday, December 1, 2012

I have another idea - if the Town Council will not help the seniors of this Town, with affordable living --
Perhaps they could give all seniors a "Tax exemption".
Tax Free living as a means of keeping us in town to spend our money locally and support local activities.
No one has to go to the state to do that - it can be done on a local level -
Of all the residents in this Town, the senior population should not have to share the burden of subsidising anyone !!
It could be on a sliding scale - X amount of tax relief for each year of paying taxes.
Never mind this silly reduction on the assessment, take it off the tax bill !
All in favor - say (hmm don't know how to write it) AYE ??

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