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September 7th, 2007
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40B developer drops out of process
By Melissa Muntz Contributing Writer

Shrewsbury - In a surprise 11th-hour move, Fairfield Residential dropped out of the 40B affordable housing development race, just hours before the Shrewsbury Board of Selectmen was scheduled to make a decision between their mixed-use development and a residential project proposed by AvalonBay Communities.

In a letter addressed to the board and read into the record at the Aug. 29 board meeting, Fairfield lawyer Mark L. Donahue said the company was pulling the plug on the project because of the town's concern about risks associated with the development. Donahue said Fairfield also had concerns about meeting the town's aggressive timeline.

"The reputation of Fairfield Residential … is simply too important to the parties involved to be responsible in any matter for the town missing this important and quickly impending deadline," he said.

The selectmen expressed both surprise and disappointment over the decision, but said it was better to find out now rather than after having moved forward with the project. Chair Maurice DePalo said they were thankful to Fairfield for being so upfront about its position.

Fairfield expressed their interest to continue moving forward with the site, but with a 40R designation rather than 40B. A 40R "smart growth" develop- ment located within the town's Lakeway Overlay Business District would fall into line with the town's plans for that area, and would not stand in the way of the town working toward their state-mandated affordable housing levels.

"This should not be seen, in any manner, as an abandonment of the development of the Fairfield site and Fairfield would welcome the opportunity to continue to work with the community toward the Chapter 40R designation under appropriate terms and conditions," Donahue said.

The state dictates that 10 percent of a town's housing must be deemed affordable. Only about 6.5 percent of Shrewsbury housing falls under this designation.

The selectmen actively sought out Chapter 40B housing proposals this summer to prepare for when a state moratorium on affordable housing construction lifts in October. The board initially received three proposals, then narrowed the field to two and is now left with just one.

Although the board is left with only a single option rather than the multiple choices they had hoped for, DePalo said he believes the process of seeking and weeding out possible projects was a worthwhile one.

"There was a tremendous education in this," he said at an Aug. 29 board meeting. "We learned a lot about the 40B process and how the industry works."

DePalo said it was also good for residents to have seen the decision-making process from start to finish.

"It really gave people an opportunity to see how complicated and unexpected these things can be," he said.

The AvalonBay project would consist of 444 rental mixed income units in an apartment community located off CenTech Boulevard. Now that the Fairfield project is off the table, town officials will meet with the developer to discuss any project variations that might need to be considered.

The board is expected to make a decision on the 40B project at its Monday Sept. 10 meeting.