'No 40R or 40B on West End Way': Developer won't build affordable housing in Norwell
NORWELL − A developer who proposed working with the town to create a zoning district that would allow 182 units of multifamily rental housing off Route 53 won't buy the land because there's a covenant on the property.
Select board Chairman Bruce Graham said developer MHOC Corp., of North Andover, no longer plans to buy the 8-acre property at 7 West End Way because of a covenant prohibiting development on some of the lot that is zoned for residential.
"For right now, we're off the hook," Graham said. "No 40R or 40B on West End Way."
The developer had proposed working with the town to create a Chapter 40R Smart Growth Overlay District, which Ilana Quirk, the town's director of planning and community development, described as a "negotiation between the owner of the land and town to create a zoning district."
The town would retain control over zoning characteristics in the 40R process, unlike Chapter 40B, which allows developers to skirt most local zoning regulations to build affordable housing.
Norwell:Plan for 182-unit affordable development stymied by existing land deal
Graham has said Norwell is in a safe harbor from Chapter 40B, but officials expect it will no longer meet the criteria by the end of the year. A "safe harbor" community is any city or town with at least 10% of its housing stock designated as affordable.
MHOC Corp. wanted to pursue a zoning change that would allow 182 units of multifamily rental housing in four buildings, with 25% of the units designated as affordable for households with income levels at or less than 80% of the area median income. In its most recent data available, the U.S. Census Bureau reported in 2021 that the median income in Norwell is $172,022.
Graham said a resident brought to officials' attention that a land covenant recorded on the property from 1973 would hinder development there. A land covenant is an agreement regarding the use of a piece of property.
Norwell:School superintendent, retired town administrator top list of highest-paid town workers
Graham said MHOC Corp. did a title search on the property and has decided not to buy it because of the restrictions. He said the town is also doing a title search to ensure the covenant is still in effect so another developer can't propose a project that is even more intrusive, such as a 40B.
"The owner can sell it to another developer who comes in and isn't as cooperative or agreeable," he said. "We want to have something in our holster if we need to, and we'll have that done in the next few weeks."
This article originally appeared on The Patriot Ledger: Developer drops affordable-housing proposal for Norwell property
