1.5%
Click here for 1.5% Land Clause: Mass Gen Law Chapter 40B Section 20 Paragraph 4
VIDEO 40B: Watch Videos Here:
11/20/2007 Inspector General Testimony State Rep Greene at Chelmsford 40B Hearing
West Boylston Meets 40B Requirement (April 2nd, 2008)
Town Can Deny EVERY 40B From Here On Out . . . But They Won't
Karen Pare and the rest of the Pro-40B Agenda Crowd may not like, but West Boylston has met its 40B requirement, as stated by pesky little things like Massachusetts General Law and the West Boylston Tax Office.
Mass General Law, Chapter 40B Section 20 Paragraph states that a community may meets its 40B requirement if 1.5% of the land zoned for residential, commercial, and industrial is set aside for 40B. In an email from the West Boylston Tax Assessors office, dated March 27th, 2008, the total amount of land zoned for Residential, Commercial, and Industrial is 3,865.45 acres.
1.5% of the 3,865.45 acres in West Boylston is 57.98 acres.
Afra Terrace is 35 acres and 87 Maple Street is 26.28 acres, for a total of 61.28 acres - exceeding our requirement by 3.3 acres.
However, town officials are still pursuing more and more 40B permits and units, despite attaining our legal requirement.
At Iqbal Ali's Afra Terrace, all 35 acres may be counted toward the 1.5 land clause because a minimum of 25% of the units are 40B (13 of 52). If it were less than 25%, land would be pro-rated to the acreage of the parcel. This was a decision made regarding a Weymouth development. Town Hall has refused to use this decision (opting for an older obsolete decision), legal counsel says they won't use it - but won't put it in writing either.
We have met our requirement, but the 40B Clique continues to push for more tax payer funded subsidized high density 40B developments, even if they have to intentionally throw the court battles to get more units - as in the Oakdale blunder.
Why? - what do they have to gain from it?
McCormick Proposes Waivers for Staiti Units
December 5th, 2007: During the December 5th, 2007 selectmen's meeting, 40B developer Michael Staiti met with selectmen about adding 3 "affordable" units by Angel Brook. Selectman McCormick proposed that Mr. Staiti's building permit fees and sewer connection fees be waived. Mr. Staiti argued that those waived fees would be of no loss to the town since the town never had the money in the first place. The proposed waived fees are estimated between $18,000 and $20,000. No decision on the waivers were made. $40,000 was given to the DPW later on in the meeting for an increase in their snow removal budget.
It should be noted that just a couple months previous, Mr. McCormick told Ernie's Car Wash that no waivers would be allowed on sewer connection, yet he is more than willing to give his friend, Mr. Staiti, special treatment. Ernie's must pay the full amount, but agreed to pay it over time.
Who Lied to the Worcester Telegram & Gazette?
July 3rd, 2007: In a Worcester T&G news report, someone from town hall told the reporter there are 81 units of 40B in West Boylston. Town administrator Mr. Leon Gaumond was the person interviewed about 40B, though the statement about the 40B inventory cannot be specifically attributed to him. There are actully 120 units of 40B in West Boylston, according to the Mass Dept Housing & Community Development (see email below from DHCD). 120 units were accepted on February 21st, 2007 - 4 months before the information was given to the T&G.
Here is the correction in the Worc T&G, July 3rd, 2007, page A3.
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cut deal/ angell brook 3/ afra terrace (continue) Letters - To & From . . .
Here is a letter written to Chairman of Selectman, Mr. Kevin McCormick from Mass Housing, as it pertains to the Staiti/ Beardsley 40B site at 19 Crescent Street. The Staiti/ Beardsley team called Crescent St a "blighted" neighborhood.
Mr. McCormick was sent a certified letter requesting him to explain how property taxes have increased 3.6% this year, and how that does not violate Proposition 2 1/2, since there was no town vote for an override. As required by law, he has 10 days to respond. It has been over a month, and as of date, no response.
Please read the Telegram & Gazette article regarding the '40B Exemptions' disscussion at the March 7th selectman's meeting.
There are some video clips on the Police & Fire page
Listed are most of the 10% 40B communities (those generally considered in the television news coverage area). When you watch the 10pm or 11pm news, keep track of what communities always seem to make the news - and for what. Then, think about the towns that do not have 10% 40B - do they make the news night after night?
How will West Boylston be any different when we attain our goal of 10% 40B?
Remember, a 10% increase in housing typically means a 10% increase in population. Then we have to build more 40B based on the new numbers, which increases the total number again, so eventually, West Boylston is not the small little town we know - it will become Brockton, or Lawrence, or Lynn, or Springfield (rated most dangerous city in MA in 2006 - where Mr. Gaumond was Chairman of his political party from 1996-2002 during a public housing scandal epitomized by Ray Asselin).
Shootings are more or less standard, which is why they are not listed on the Cheat Sheet. As West Boylston has seen a 48% increase in our 40B inventory, ask yourself this - did you think a year ago that West Boylston would have the following:
> Illegal alien involed with drug deal with 30 pounds of marijauna on Bowen St
> Men soliciting other men in Oakdale - including the Police Department (and reports of Flashers)
> Store fronts along Rte 12 boarded up and closed
> Gun threats at the schools and practice lockdowns
> Town hall reporting phony numbers to newspapers (total land area report in WB Banner)
> WB Banner Police Log reports woman attacked inside her car on Shrine Ave in early evening by strange man
Weymouth Can - Why Can't WB?
For more details, please read Iqbal Ali & Mirajuddin Ahmed further down the page. This is the key to saving the town.
Please think of this - if Mr. Gaumond, the "40B Agenda Crowd" and town councel support 40B contractors and ignore the Weymouth decision, 245 40B units (what we now "need" based on the 2000 census) is only the start.
Angell Brook and Hillside Village are approximately 200 units - meaning 20 more units of 40B after the next census (coming soon). If West Boylston is already land deprived - where are all the new 40B units going to go?
We cannot chase the tail any longer.
Close . . . But No Cigar: Gaumond Claims 0 for 7 in 40B Exemptions
Well, maybe we might have one exemption - until July. Is that just an exemption, or is the "40B Agenda Crowd" planning something?
40B Land Clause - The Exemption that the 40B Agenda Crowd Tried to HideMass General Law, Chapter 40B, Section 20, Paragraph 4, has a clause that allows a community to attain 40B compliance through land. It essentially states that a community, if not using the 10% of housing units, must set aside 1.5% of the land zoned for commercial, industrial, and residential purposes.
There are many ways to exempt land, including, but not limited to the following: State owned land, MDC/ DCR, town owned land (government), Rail Road, Roads, etcetera - most anywhere that you are not allowed to build. Power lines have come into question - you can't build underneath a power line.
But, as no surprise, the question is - how much land is there in West Boylston? (see other pages for information) It would seem prudent to invoke a moratorium on development until the town has certified figures regarding the land issue we are facing.
The WB Banner ran a story on April 27th, 2006 regarding land figures in town. The Tax Assessors office stated that West Boylston has 10,285.67 of total land acres. The actual number is 8,256 - as stated on the official town web site and the DHCD web site.
The chart below contains information given to he WB Banner by the tax assessors office.
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Town Administator Uses Bogus Numbers
During the March 7th selectman's meeting, town administrator Mr. Leon Gaumond stated that West Boylston currently has 81 units in our 40B inventory, and based several exemptions on those numbers. However, according to the email below, the state of Massachusetts, as of February 21st, 2007, has 120 units for West Boylston - 48% more than Mr. Gaumond presented at the selectman's meeting on March 7th.
Instead of interviewing for a new position in Provincetown MA, he ought to make sure he has his facts straight before he presents these figures to the town. Afterall, as the email states below, he had two weeks to get his numbers right.
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New Bedford & Delphic Associates - Paul E. Cusson Paul E. Cusson was involved with Iqbal Ali & Mirajuddin Ahmed (Islamic Center in Worcester and ties to Al Jazeera - see WB Corruption page for links and public records) to build Afra Terrace.
Afra Terrace is mentioned on his web site, Delphic Associates. Delphic Associates is located at 451 Orchard St in New Bedford (12.2% 40B), and is less than a mile from Michael Bianco, Inc on 89 West Rodney French Blvd - where approximately 350 illegal aliens were arrested in early March 2007.
If you look up "Delphic" in your Funk and Wagnall, one of the two definitions is "ambiguous, obscure in meaning".
In the March 1st issue of the WB Banner, Superintendent Michael Kane stated there is an expected influx of students that do not have English as their primary language. With increased 40B, there is an automatic shortfall of property taxes from 40B units (they pay a fraction of what free market homes pay). West Boylston has already spent millions fixing the school's roofs, how much will any additions to the schools cost taxpayers? How much will the expected translators/ interpreters and more Special Ed teachers going to cost taxpayers? How much can we afford?
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Iqbal Ali & Mirajuddin Ahmed and Afra Terrace (Shrewsbury St)
Afra Terrace is a 35 acre site - 52 units total, of which 13 are designated 40B. 13 40B units equal 25% of 52 total units. Not 24.99%, not 25.1%, but an even, right on the nose, 25%.
Regarding the 1.5% land clause that would give West Boylston exemption from any more 40B developments from being built, in the case of Weymouth, on page 5, #7, it states that "for home ownership developments or rental developments in which fewer than 25% of the units are affordable, only the same proportion of the land as affordable units are in proportion to the total units is counted."
As stated - "fewer than 25%". 13 units of 52 total units at Afra Terrace IS 25%, therefore all 35 acres may be counted toward the 1.5% land clause. Click for the Weymouth Decision.
To disagree with this decision is to argue that 25% is less than 25%. To ignore this case, as was attempted by the town administrator at the March 7th selectman's meeting, is to have an ulterior agenda.
Why didn't Karen Pare of the Planning Board ever mention this during the January 17th public hearing on 40B? Assuming that Mr. Gaumond used accurate figures, which, in fact, were debated, Karen Pare should have suggested that we increase the number of units at Afra in order to save the town from building over a hundred more in Oakdale.
Michael Teague and "Freedom Village" (Franklin St)
Michael Teague bought this 3.5 acre parcel of land for $850,000 in November 2006. For both 2006 and 2007 this parcel (Worcester St Map 153, Block 87) has a Tax Assessment of $146,400. (see details and public records at WB Corruption page).
Mr. Teague bought the land parcel from Joey Evangelista, whose wife went to prison for bankruptcy fraud.
Mr. Teague operates two contracting businesses from his church next to Wal Mart - Kingdom Builders and Morning Star Roofing. That's two businesses out of one tax exempt building.
Considering the 35 acres on Shrewsbury Street, if Karen Pare, Leon Gaumond, or Allen Phillips had ever mentioned the 1.5% land clause, this 40B/ Section 8 housing project may have never needed to have been approved.
Look at these pictures and think of triplexes and duplexes of low income housing in its place. Think of the increased traffic (think of the potential for yet another traffic light on Rte 12). Rte 12 and Franklin, as stated in the Master Plan, is already one of the most accident prone in town.
Teague Grabs $2.42 Million for 40B/ Section 8 Subsidized Housing Project on Franklin St
(Last paragraph is where "Deep Pockets" Teague is mentioned)
June 17th, 2007 Worcester T&G
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Seen from Franklin St Seen from behind Post Office ...

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"Lucky" Joey Evangelista and 34 Davidson Rd (Map 164, Block 58) Mr. Joey Evangelista, the realtor that sold the land to Michael Teague for the 40B/ Section 8 housing project on Franklin St, has a peculiar property on Davidson Rd.
Just look at the pictures and view the PDFs attached and make your own judgement -
Click for the following: 31 Davidson Rd Parcel ID 34 Davidson Rd Parcel Size 34 Davidson Rd Map 164, Block 58
12,000 Sq Ft (about 1/4 acre)
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