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August 25th, 2008 at 10:11 pm
>
It was, repeatedly, but hardly anyone paid any attention.
Maxine
WAS
August 25th, 2008 at 10:45 pm
“…artists will be subject to certification”.
What does that mean?
August 26th, 2008 at 8:17 am
It is a strict process to prove tat they are indeed working artists, including proof of exhibitions or shows, a portfolio of work, etc.
August 26th, 2008 at 9:14 am
Concern among industrial users about complaining neighbors isn’t just limited to activities that are improper.
Even perfectly appropriate things, like outside storage of materials, ordinary levels of noise, and truck traffic can generate complaints from resiential neighbors. That’s why we build industrial parks. I’m glad they put these protections in for the industrial property/business-owners.
Ugly process, but the right outcome.
August 26th, 2008 at 9:21 am
Has the authority to judge compliance with the “strict process” been identified?
The condition that the units remain affordable indefinitely is probably a procedure that should be applied to other locations, especially if the original buyer (or builder) gets subsidized (like certain units in the Julian Steele replacement project). However, I’m not sure what the basis of such a condition is for this project, although there may be some CDBG funding for the conversion.
August 26th, 2008 at 10:28 am
Or like the proposed live-work units in the Hamilton…
August 26th, 2008 at 10:43 am
>
We adapted the artist certification process developed by the Boston Redevelopment authority. Go to http://www.cityofboston.gov/bra/econdev/rolling_guidelines.pdf . . . as in Boston it will be a peer review. Once you go through the process you get a certificate that is good for 5 years . . . which in Boston allows you to go after affordable artist spaces. From what I remember reading (it’s been a while and I can’t guarantee my memory is perfect) close to 3,000 artists have been certified in Boston . . . and since 2002 64 affordable live/work units have been developed with another 119 in the pipeline over the next 2 years.
Maxine
WAS
August 26th, 2008 at 10:55 am
Poking around the website for the BRA, it looks like the BRA was established by the Boston City Council and has statutory authority. They (the board presumably) nominate members for a peer review committee which then receives applications for certification and (presumably) grants certification where warranted.
When you say “We” what group are you referring to? Are they empowered by the city / CC? How does that group get formed / governed? Do they ‘report’ to anyone? Is there a place online where I could find out more, like their current membership and governing rules?
August 26th, 2008 at 12:14 pm
I don’t see the CC in Lowell giving any other group the kind of authority the BRA has!
Maxine wrote “…Once you go through the process you get a certificate that is good for 5 years . . . which in Boston allows you to go after affordable artist spaces.”
What happens at the end of 5 years if the artist hasn’t lived up to the certification? He or she bought the property are you saying a committee can have them evicted, set a price and force a sale????
August 26th, 2008 at 1:08 pm
>
We being the group of artists that helped do the research necessary to respond to the ZBA’s issues, the majority of whom are members of the Western Avenue Studios Artist Association We used the BRA guidelines because they are the best that we could find for what we needed to satisfy the ZBA. Many of the artist live/work spaces that we looked at in Massachusetts used the BRA application and guidelines . . . much easier than reinventing the wheel. We just modified the language to suit our situation here in Lowell.
This is NOT a public project it is a private project, privately owned and which will not be using public monies, so there is no ‘empowerment’ by the City. If this was a publicly funded project, other rules would probably apply.
Maxine
WAS
August 26th, 2008 at 1:16 pm
What happens at the end of 5 years if the artist hasn’t lived up to the certification? He or she bought the property are you saying a committee can have them evicted, set a price and force a sale????
I have absolutely no idea, I didn’t see any instances of this in the literature. I would assume that there is language written into the deeds of Boston properties. For the WAS project we were more concerned that the occupant be a working artist . . . no provision for review, but the units at WAS will be more work/live than live/work . . . and I can’t see anyone wanting to buy in if they weren’t committed to the concept.
Maxine
WAS
August 26th, 2008 at 1:58 pm
So the group isn’t actually an official group with a name yet? Is this something that will become the purview of the Western Avenue Studios Artist Association officially then? How does that get decided? So are we saying that ZBA approved the project under the conditions that there be a process to certify applicants as working artists with the idea that there would be a private entity that would do the certification? And that entity isn’t actually named in the motion? Or is WASAA named as the entity? What is the mechanism by which it can be made sure that everything is operating fairly? Would it be the ZBA’s job since they are the ones that empowered the private organization in the first place? I’m sure there are legal issues with all this.
If it’s true that there is no formal entity to do the certification, then it seems like there are still some major wrinkles to work out here.
August 26th, 2008 at 2:02 pm
I was just wondering what the rules for the certification body were. Judging who is and isn’t a ‘real’ artist can be quite subjective. It isn’t clear if someone meets all the paperwork requirements for the BRA that they are ‘automatically’ certified. I assume then that there is some kind of deciding of who is ‘worthy’. That can get awfully political. I just hope there are fair rules and that they are clear.
August 26th, 2008 at 4:00 pm
It is good that the thing is finally settled to the satisfaction of both sides. But, unless there really is some sort of vetting process to ensure that these are “real” artists, there is going to be some idiot that tries to bend the rules and ruin it for everyone else. And thuis is coming from someone who doesn’t think a lot of that stuff is “art”
August 26th, 2008 at 4:52 pm
I don’t think the ZBA will get involved in the process of certifying artists.
If there is a WAS Artist Association, then that association should probably be empowered to manage the property once the units are sold. In the meantime, the property owner should probably have a key role in the association. After all, it is not only vetting of the buyers, but the management and maintenance of the common property that must be engaged.
A set of by-laws to control the process should be the first step in solidifying the requirements for ownership and the responsibilities that go along with it.
August 26th, 2008 at 5:34 pm
I assume that as an association, WASAA already has a set of by-laws and an elected board and all that. Is that stuff online somewhere?
August 27th, 2008 at 10:20 am
The Western Avenue Studios Artist Association will not be involved in the management of the property once developed. The Western Avenue Studios Artist Association is not involved in the management of the Studios.
The purpose of the Western Avenue Studios Artist Association is to promote and protect the interests of the artists at Western Avenue Studios. As such the members of the Western Avenue Studios Artist Association have participated in focus groups and have provided information to the owner when requested. The primary role of the Western Avenue Studios Artist Association, however, is production of materials promoting the artists at WAS.
August 27th, 2008 at 11:19 am
I note you didn’t actually answer the question at hand…
August 27th, 2008 at 11:44 am
It sounds like certification is outside WASAA’s mission. If they aren’t going to be empowered to do certification then who is/will be? ALL? COOL? Who decides who get’s empowered to do certification and to whom are they accountable?
August 27th, 2008 at 11:47 am
Well let me through another question into the mix.
According to the paper these properties will have a “deed restriction stating that they remain affordable in perpetuity…”
Exactly how does that work?
No equity can be accumulated on a person’s real estate holdings in that area?
A resale can’t be for any more money than the original purchase price no matter how many years down the road the resale occurrs?
I’ve never understoon exactly how “affordable housing” works after the inital sale given the ups and downs of the real estate market.
August 27th, 2008 at 3:32 pm
ER, “affordable” is based on mean statistics of community income. I certainly don’t have the figures, but as a hypothetical example, “affordable” may mean 25% of the gross income of a person making 80% of the mean income for the City. Over time that number should rise, so the future value would rise, but only at the rate of the mean income of the area.
August 27th, 2008 at 9:58 pm
Waittil,
What stops any of these affordable unit owners from refinancing and having the restriction lifted? I know many that purchased units that were only supposed to be resold at a small percentage (afforadable) and rewrote their loans without the restriction?
August 28th, 2008 at 6:25 pm
It should be a restriction in the deed, not the mortgage.