Affordable-housing developers ask Concord to add Rothermel Place to town plow list

Keith Bergman, chair of the Concord Municipal Affordable Housing Trust, told the Town of Concord Public Works Commission on March 12 that the trust and two housing partners have asked the town to provide snow and ice removal on Rothermel Place, a private way that will serve the Assabet River Homes affordable housing project.

The request seeks to apply a policy the commission amended in February 2001 to include qualifying affordable housing developments. "We're asking that Acevedo's Access Road, Rothermel Place be added to the town's list," Bergman said, laying out the plan for five affordable units on a one-acre planned residential development owned by the Concord Housing Development Corporation (CHDC). He said $2,500,000 in local funds has been committed for the project and that the Trust will hold a $1,300,000 mortgage that will be released after five deed restrictions are recorded.

Why it matters: Commission policy from 2001 and a state statute adopted by the town in 1964 govern when the town may spend funds to maintain private ways open to the public. Bergman said Rothermel Place meets the policy's technical standards (road width, turnaround space for fire apparatus, on-site space for plowed snow) and that all five units would be counted on the state subsidized housing inventory (SHI) and restricted at 80% of area median income.

Discussion and the next steps: Commissioners and staff emphasized several unresolved items that need technical review before the commission can make a formal recommendation. Public works staffer Aaron McClusco was noted as the lead on assessing whether the town's equipment can safely plow the road; Bergman said McClusco is on paternity leave and his input is awaited. Staff and commissioners identified these outstanding issues: whether the road's design truly provides safe turning and snow-storage space for town plows; whether the way qualifies as "open to the public" under the policy; and the need for a signed hold-harmless agreement from abutters if the town accepts the way for service.

Commissioners also heard practical concerns from the neighborhood and housing partners. The Concord Housing Authority will manage two rental units, Habitat for Humanity will build three ownership units, and the projected condominium fee of about $300 per month could become unaffordable if plowing costs were added to the fee, Bergman said. A foundation representative, Rick Healy, offered a pledge of up to $5,000 per year for the first three years to cover condominium residents' share of plowing if needed to get construction underway.

No formal vote was taken. Staff and commission members agreed to return when Aaron McClusco and town counsel have reviewed the road against the six or seven policy criteria (spacing, width, safe plow operations, public access, hold-harmless agreements and similar items) and when the Select Board designation question is resolved. Bergman said the project team hopes to sign a land-disposition agreement and start construction within the coming construction season.

Background context: Bergman noted timing pressure to add the two rental units to the SHI in light of other developments whose SHI listings may lapse if permits are not pulled. He said adding the two rentals would push the town just above the 10% state threshold for subsidized housing share.

Looking ahead: The commission directed staff to review the road against the policy criteria, confirm whether Select Board action or designation is required under the 1964 statute cited, and report back; commissioners suggested the existing policy could be clarified after a decision to prevent future ambiguity.

Ending: The commission left the item open for staff follow-up rather than adopting or denying the request; a further public meeting and neighborhood outreach were anticipated in April as the project seeks borrowing authorization at town meeting.