Leavitt Resigns From Chatham Affordable Housing Trust Board After Conflict Ruling

CHATHAM – In response to being told he could not participate in discussions about the Buckley property because he owns neighboring property, Rick Leavitt has resigned from the affordable housing trust board.

He said he thought he could make more of a difference in shaping affordable housing on the property as a member of the public.

“It certainly was a difficult decision to make,” he said.

The affordable housing trust is currently working on two major affordable housing initiatives, on the Buckley property on Main Street in West Chatham and on land along Meetinghouse Road in South Chatham. Proposals seeking developers interested in working on the projects were recently issued with an April 25 deadline.

Last month the select board voted that as an abutting property owner, Leavitt could not participate in the trust board’s discussion about the Buckley property as it would be a perceived conflict of interest. Leavitt said that forced him to decide whether to remain quiet about development of the Buckley property or find a way to make his voice heard. In the end, he chose to step down, submitting his resignation Jan. 31.

He said he respects the decision of the select board. “It was a tough decision for them to make,” he said. “The appearance of a conflict is a serious thing.”

But he has concerns about the approach to building affordable housing on the Buckley property, starting with the request for proposals from developers, which does not contain a cap on the potential number of units. Affordable housing proposals issued by other towns include caps, which “makes sense,” he said.

“Developers are in business to develop,” he said. “If you don’t put limits, they will overdevelop.”

Affordable housing trust board chair and select board member Michael Schell said he was disappointed Leavitt chose to resign; had he known that was under consideration, Schell said he would have asked Leavitt to reconsider.

“I thought and think that Rick had a lot to contribute to the housing discussion as a member of the trust,” he said.

It’s not unusual for members of town boards and committees to have to recuse themselves from specific discussions and votes to avoid a conflict or the appearance of one, he added. “It is a pure legal question,” he said. He added that he did not recall if the conflict issue came up when Leavitt was interviewed for the trust board.

Select Board Chair Cory Metters, the only board member to oppose Leavitt’s exclusion from discussions of the trust board, said he was disappointed to receive the resignation but respects Leavitt’s decision.

“Rick Leavitt has been a longtime advocate for (affordable) housing in the town,” Metters wrote in an email. “He was an obvious candidate to serve on the new AHT.”

Schell agreed, noting that the housing crisis presents a “Very large, comprehensive challenge. [Leavitt] was as knowledgeable about opportunities around town and how to develop an advocacy for housing in a really welcome way as anybody.”

Both of the pending projects focus on affordable housing which will be available to those who earn up to 100 percent of the area median income for Barnstable County. Because a portion of the Buckley property was purchased with taxpayers funds, not by the trust, about 32 percent of the units could be available to higher earners. While there is certainly a need for housing for lower earners, the limit imposed by the use of the trust’s funds excludes a large group that Leavitt called the “missing middle,” people like teachers and firefighters who earn too much to qualify for affordable housing but can’t afford Chatham’s high housing market prices. (He goes into detail on this in an opinion piece elsewhere in this edition.)

The town has sought special legislation that would allow the trust to spend money on that “attainable” or workforce housing, for folks who earn up to 200 percent of the area median income, but the bill remains before the state legislature.

One solution is for the town to finance the purchase of land for housing, not the trust, Leavitt said. The select board could then delegate development to the trust. “It’s kind of a delicate dance, but it can be done,” he said.

The housing problem is generational and won’t be solved in the near term, Leavitt said. The select board has called for building 200 units in the next five years, but he sees it taking 25 years or more to fully address the crisis.

“It’s been decades of neglect. We won’t solve it in five years,” he said. “What we need to do in the next five years is set the tempo and stage for what will happen.” Density should not be an impediment, and the town has five neighborhood centers suitable for small apartments and other forms of affordable and attainable housing, he said.

Leavitt retired to his West Chatham home in 2005 after a career as a CPA for Price Waterhouse and then owner of the Chelsea Clock Co. He first came to Chatham in 1961 to work as a desk clerk at Chatham Bars Inn, so he has a long connection to town and has seen the changes that have led to the current situation. He previously served on the zoning board of appeals and the charter review committee.

Along with keeping an eye on the Buckley property project, he said he is working with South Chatham residents to monitor the Meetinghouse Road development. All of those he’s worked with have the town’s best interest at heart, he said.

“I know of no one saying not to build them,” he said. “They’re saying let’s get them right.”

He plans to continue to attend housing trust meetings and provide input.

“It’s better for me to be on the outside,” he said.

Schell said he did not know if Leavitt’s replacement could be appointed before the proposals on the two projects are due.

“I think we should try to get someone reasonably quickly,” he said.