Yebba Sues to Access Confidential Addresses for Group Homes |
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Developer Nick Yebba is suing state agencies for release of highly confidential locations of supportive living units run by the Department of Developmental Services, Department of Mental Health, or contractors that run such homes for North Reading's most at-risk residents who need intervention with care and activities of daily living. In addition, a separate document request served on the town is so broad that it may compel the disclosure of addresses of transitional housing, including foster homes, sober living, safety homes (for example from abusive partners), and others.
Despite the addresses of group homes being protected by HIPAA and state privacy laws, Yebba's legal team is seeking specific addresses in an effort to overturn the Subsidized Housing Inventory (SHI) that shows North Reading already meets the Commonwealth's 1.5% required General Land Area Minimum (GLAM) for affordable housing. As it stands, North Reading's calculated GLAM of 1.55% now prevents Yebba from building the five-story housing complex proposed for 20 Elm Street. In line with confidentiality statutes, state protocol provides the overall land use total when considering group homes as part of a 40B filing, but does not provide specific addresses. Such closely held data both provides a consistent way to calculate required land area across communities and, even more critically, protects the locations of the group homes and their residents, who are some of our community's most vulnerable members, from those who might prey on them, such as abusive partners or financial scammers. These critical safety considerations and substantial legal precedent in other 40B cases are strong reasons to keep this specific information confidential.
This is a dangerous tactic that breaches the rights of our citizens. If you have a loved one or friend in a supportive situation, please e-mail in the strictest confidence DIRC Steering Committee Member Andrea Spano so that DIRC can advise you on how to fight this dangerous breach of privacy, should you choose to do so.
Stay tuned for updates coming soon, following the next status conference with the Housing Appeals Committee (HAC).
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URGENT
Do you have a loved one in a supported-living residence in North Reading? Do you know someone who does?
Nick Yebba's legal maneuvering to enrich his own wallet is putting vulnerable citizens' privacy at risk. To learn more about this egregious tactic, the danger to vulnerable residents, and your rights under the law,
please e-mail DIRC Steering Committee Member Andrea Spano ASAP.
Terms to Know
SHI (Subsidized Housing Inventory): The list compiled by the MA Department of Housing and Community Development (DHCD) containing the count of low or moderate income housing units, as well as other eligible housing units, by city or town. This list also includes the percentage of SHI Eligible Housing units in the municipality out of the total housing units counted during the most recent Decennial Census.
SHI Detail List: The SHI Detail List is an inventory maintained by DHCD, which enumerates all SHI Eligible Housing in the Commonwealth, along with the following information: the municipality, project names, addresses (other than confidential addresses such as Group Homes), the number of SHI Eligible Housing units, whether a comprehensive permit was used, when the term of affordability expires, the project’s tenure (ownership or rental), and agencies funding the project.
Source: mass.gov (link below)
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DEP Ruling Adds Stream to Map; Doesn't Invoke Buffer Zone |
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The Department of Environmental Protection (DEP) recently issued a Superseding Order of Resource Area Delineation (SORAD) responding to the request DIRC filed 13 months ago. As a reminder, DIRC believed that the ORAD issued by the Conservation Commission failed to designate a culverted stream running through the 20 Elm property connecting two wetlands as a protected resource area. In fact, the area wasn't labeled as a stream at all. This designation is important, because it would require a 100-foot buffer zone to surround it, preventing any construction within that area without approval from the Conservation Commission. While a favorable decision on this appeal would not stop or dramatically change development at 20 Elm Street, it would add an extra layer of protection to the natural resources on the property and surrounding wetlands.
DEP Decision
In its Order, the DEP determined that the body of water connecting the two wetland areas is an intermittent stream and should be labeled as such on an updated ORAD. The DEP order clearly states that a stream flows through the area, between the “C series” wetland and the “A series” wetland, making it difficult for the developer to deny the existence of the stream. Unfortunately, DEP did not agree that the stream was worthy of a 100-foot buffer zone. The DEP reasoned that because the stream is enclosed in a culvert (an underground pipe), there is no need to buffer a resource area with protection. Additionally, in its Order, the DEP confirmed that MassGIS's wetlands delineation was accurate, as expected.
What's Next?
DIRC will appeal the DEP decision, a process that is expected to take a year. Should the project go forward if the GLAM calculation isn't ultimately maintained (see above), DIRC's focus on Conservation Commission and DEP determinations aims to ensure maximum protection and accountability should the development move forward. Even if we lose on appeal, the developer will still need to come before the Conservation Commission if the development plans for the site progress. At that time, DIRC will again present arguments for protecting the stream and the related wetland areas.
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Ongoing Donations Needed as Yebba Team's Legal Actions Threaten Privacy |
We know that it has been a difficult year for everyone and the needs of our neighbors are greater than ever. However, the subpoena to release confidential data shows that Yebba will continue to direct his attorneys to pursue every possible path to push the 20 Elm project through. Please help us continue this fight, which now, unexpectedly, includes protecting the privacy rights of our most vulnerable town citizens.
Help us take this fight ever closer to success with a donation today.
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Your Support Makes Golf Tournament a Huge Success
Thank you to all the players, sponsors, donors, and volunteers for making DIRC's recent golf tournament a success! The weather cooperated and despite COVID restrictions, the tournament raised a total of $6,268.22 towards current and future opposition efforts. Thank you for your generosity, to the fundraising team for their hard work, and to the Thomson Country Club for hosting!
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