PEABODY — Another 40B affordable housing development may be on its way to the city. And with it, a lot of drama.
Peabody was informed in an Aug. 12 email from Attorney Jason A. Panos of The Panos Law Group that his client, Todisco Properties, LLC, (Todisco) intends to file an application for Project Eligibility (site approval) with a Massachusetts subsidizing agency for the property located at 40-42 Endicott St. to build 80 40B affordable housing units.
The property had previously been issued a special permit by the City Council earlier this year for a 38-unit development.
“Instead of 38 units the developer had previously proposed, he is now going with 80 under 40B and we can do nothing about it,” said City Council President Tom Rossignoll, adding that Todisco originally proposed four or six more units but scaled it back.
Rossignoll said Todisco originally had planned to level two dilapidated buildings presently located on the approximately three-fourths of an acre site to build the condominium development. The plan was met by vocal opposition from neighbors. Nonetheless, the City Council voted 9-2 earlier this year to approve the proposal after a two-hour hearing on the matter. Ward 5 Councilor Joel Saslaw and Councilor-at-Large Anne Manning Martin voted against the project.
It is unclear what effect the decision to proceed with 40B housing has on the special permit and a Land Court case filed against the City and Todisco by a group of alleged abuttors who oppose Todisco’s original council-approved project. The Plaintiffs are represented by Councilor Martin’s sister, Attorney Mary-Ellen Manning. They claim the council issued the permit in violation of the council’s internal rules; the council violated legal notice requirements and that Todisco’s project does not meet certain requirements of the City’s Zoning Ordinance.
On Tuesday, the parties appeared in court for a case management conference and initial intervention event. Thursday, Co-Counsel for Todisco, Amato Bocchino, filed a motion to withdraw as counsel. A motion was also filed by Todisco to accept default. The court ordered the City Council to report by Aug. 20 whether, in light of Todisco’s motion, the council intends to defend the special permit at issue in the case.
“I don’t know what the city will do as he (Todisco) has a special permit, but I don’t think they have standing to press forward with that permit if the party says they don’t want it,” said Manning. “The city said at the conference that they are backing the developer, which was unusual as normally cities stay neutral.”
Manning said she received a phone call from Bocchino after the conference asking her to agree to drop the special permit case.
“He wanted me to sign off but never informed me that they had already decided to go the 40B route,” she said. “I only found out later that a letter had been sent to the city saying they were going 40B. At this point, he has a live permit so I don’t know that a 40B can be done because of regulations or if an agreement can be made that the permit is nullified.
The proposed 40B development will include 80 apartment units, “all of which will count toward the City‘s Subsidized Housing Inventory to assist in reaching the mandate that 10 percent of the City‘s housing stock be designated affordable consistent with local needs,” Panos stated in the letter to Mayor Ted Bettencourt.
The building will be five stories above a parking level and will have 93 parking spaces.
Manning said her next step is to move for judgment in the Land Court case and have the permit declared invalid.
“A stake needs to be driven through that permit’s heart,” she said. “They played hide the ball on this. It’s no surprise to this casual observer that Mr. Todisco is unhappy with a level playing field where he had to face the neighbors in land court. He ran back to the developer friendly group that is the City Council. He’s on camera at council meetings at least twice saying he would not do a 40B. I have not seen Panos’ letter, but it looks like now he is going a completely different route, but that doesn’t give him or any developer the license to destroy a city and it doesn’t mean he’s entitled to bulldoze the neighbors.”
Attorney Panos did not respond to a request for comment.
Anne Marie Tobin can be reached at [email protected].
