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ARCHIVE: Edition No. 231 | December 15, 2005

Methuen Exit 40B
By Ellen Bahan
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As you can see an actual state highway sign tells exactly what 40B is synonymous with, METHUEN !

In fact, either incompetent or corrupt behavior, (it remains to be seen what our locals are going to claim), originally discovered right here in Methuen is going to be the undoing of this ill-thought, ill-advised, unaccountable legislature approved statue; we lovingly refer to as 40B.

Who thought this ruse up anyway? What genius State Representative or Senator’s brainchild has this been?

The damage this ill-conceived statue has reeked will plague some communities for an eternity.
 
 
 

 

What each and every community that has fallen victim to this ruse must now do is demand accountability with damages awarded.

Now strap on your seat belt: I’m going to show you just how they bamboozled the citizens! A real meeting of the minds when developers and local officials team up against the citizens or should I label that a conspiracy?

The Hook
40B is known as the anti-snob legislation. It was enacted by our State Legislature.

The original intent was to construct affordable housing in communities.

The communities that are susceptible for 40B projects are those communities that partake of state funds, which are most communities in the Commonwealth.

The trigger that allows 40B to overrule the local government’s zoning by-laws, without regard to infrastructure, police/fire service, and schools is a community below their 10% affordable housing stock inventory. 40B projects can then stomp into your community with their spiked club and beat the locals into submission.

If you do not comply with 40B, a town or city will jeopardize their yearly state aid which according to the records provided to me in the working budget, Methuen ’s estimated take of the state pie will be $41,660,445.00 for fiscal 2006.

So as you can see, Methuen would be in a real pickle if it did not comply.

It appears our local officials and developers have embraced the concept of 40B whole-heartedly. You know, for the less fortunate and the children. (Look for an upcoming article on just how caring these developers and local officials are when it comes to the less fortunate and the children.)

NOTE: Massachusetts is the only state in the union bleeding population. Who would have figured?

40B comes with extensive guidelines on one must comply with to be eligible. In fact, it is so wrought with rules and regulations, the application is so massive to hurdle that luckily there are a few consultants who traverse the state advising, (for a handsome fee paid by the 40B applicants), local officials and developers on how to navigate the paperwork.

These consultants, (one of ours was Ed Marchand), advised our local officials on how to accept these gargantuan projects and convince the citizens that this is good for us.

These are the very same local officials, taxpayer funded salaries; that are supposed to be representing our best interest. RIGHT!

Well, we can call it whatever you want: incompetence, inexperience or downright corruption, WHATEVER!

WE ALL KNOW THAT THIS IS NO DAMN GOOD FOR US!

According to these guidelines, if a 40B project is approved, the developer must not profit more than 20%. After all they are doing something benevolent for the less fortunate and the children! This is a lovely catch phrase preached at every 40B hoopla I have attended – and there have been many!

The Plot
A developer goes out and swoops in on a piece of land or an abandoned building; purchases it, or then again, it could be just some plot hanging around in the family.

In order to be eligible for the 40B dance a developer must form an LLC, (Limited Liability Co.) The developer then takes the land that has been purchased or in some cases inherited, turns around and sells the land to the LLC, (himself and select unnamed partners), realizing in most cases an astronomical profit.

Let me give you an example: David Spada bought the 4 Gleason Street site for $615,000 and then sold it to the newly formed LLC for 1.2 million. A measly $585,000 profit for doing absolutely nothing!

Keep in mind that Spada has taken the 40B ruse to the max, besides the out-of-line profit, he has gleaned hundreds of thousands of dollars in grant money. Not to mention a $10+ million tax-free loan from Mass Development, the venture capitalist arm of the state government. In other words, you the taxpayers also fund Mass Development.

4 Gleason Street if you remember is also highly contaminated. There will be updates on just how the Methuen Assisted Senior Suicide Living Complex is progressing in future articles.

This is only one example of 40B GONE BAD! Over the next several months I plan on investigating each and every 40B that every came down the pike in Methuen and expose the actual profit gained in the name of benevolence. My source tells me that this profit scamming has happened an inordinate amount of times!

Challenge
I Challenge each and every one of the new elected councilors and the mayor to investigate each and every one of these 40Bs in the City of Methuen . If corruption and misappropriation is present, I expect these sworn public servants to hold these individuals accountable with prosecution and restitution in the name of the people.

Dear Loyal Readers, This is going to very interesting! We are at the gate; the starter has fired the gun. LET THE GAMES BEGIN. I’MMMMMMM BACK!
 

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