Summer 2012.pdf - Lighthouse Media Solutions

VOICE OF THE HOME BUILDERS ASSOCIATION OF MASSACHUSETTS 

A FATHER’S 

TRIBUTE 

PASSPORT TO 

SATISFACTION 

LEGENDS 

OF THE 

INDUSTRY 

SPECIAL REPORT: 

SENIOR 

HOUSING 

TRENDS

Vol. 2, No. 1 

BAY STATE 

THE SOURCE FOR MASSACHUSETTS 

BUILDER 

BUILDING AND CONSTRUCTION 

PROFESSIONALS 

Summer 2012 

Voice of the Home Builders 

Association of Massachusetts 

240 Cadwell Drive, Springfield, MA 01104 

P: 617-773-3306 | F: 617-773-3346 

www.hbama.com | admin@hbama.com 

Kathy Poggi 

Publisher 

Randye Kerstein 

Art Director 

Marcy Koff 

Copy Editor 

Rich Kerstein 

Designer 

Advertising Sales 

603 343-4492 

Contributing Writers 

Benjamin Fierro III, Mark A. Kablack, 

Crystal Ward Kent, Michael McDowell, 

Paul Morin, Jane Marie O’Connor, Anne Olson, 

Shira Schoenberg, Harry Smith, 

Melissa Wood, George Yedinak 

HBAM Officers 

Michael McDowell 

President 

Walter Tomala Jr. 

Immediate Past President 

Lawrence Kady 

Senior Vice President 

Christopher Lund 

Treasurer 

Robin Ward 

Secretary 

Bay State Builder. Published quarterly by Seacoast, 

INK, LLC and distributed to HBAM members. 

Reproduction in whole or in part is prohibited 

without written authorization. Articles appearing 

in Bay State Builder do not necessarily reflect the 

views or policies of HBAM. Articles are accepted 

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for our readers. Annual HBAM membership dues 

include a one year subscription to Bay State Builder. 

Non-Members may request a 

subscription for an annual fee of $27.80. 

www.seacoastink.com 

16 

Special Report: 

Senior Housing Trends 

16 Creating a Boomer Market: 

Give ‘Em Lifestyle / by Anne Olson 

19 A Fresh Approach to 55+ Sales Success 

by Jane Marie O’Connor 

21 The Changing Landscape of Senior Housing 

by George Yedinak 

Features 

6 LEGENDS 

Lessons from the Legends / by Melissa Wood 

13 BUILD 

Be Like Brit: Out of Tragedy Comes Hope 

by Crystal Ward Kent 

In Every Issue 

13 

2 PRESIDENT’S LETTER / by Michael McDowell 

2 HBAM NEW MEMBER LIST 

3 BAY STATE BUZZ 

GOVERNMENT AFFAIRS 

9 Bill Would Give Notice to Abutters of Plan Approvals / by Benjamin Fierro III 

10 Failure to Carry Workers’ Comp Could Become a Felony / by Shira Schoenberg 

12 LEGAL MATTERS 

When Home Rule Becomes Unruly / by Mark A. Kablack 

24 MEET THE PRESIDENTS 

26 NEWS FROM THE BBRS 

HBAM Code Amendments Passed / by Harry Smith 

27 CALENDAR 

28 FINISH NAIL 

A ‘Temp’eramental Building Inspector / by Paul Morin 

WWW.BAYSTATEBUILDER.COM | SUMMER 2012 | 1

WRITTEN BY MICHAEL MCDOWELL 

President’s Letter 

As my first, abbreviated term comes to 

a close, I want to thank you for the 

incredible opportunity to serve you 

as president of the Home Builders Association 

of Massachusetts. It has been an honor and a 

personally enriching experience. 

By the time you read this, my new full term 

will have started. I’m excited and cautiously 

optimistic about what lies ahead for our 

industry. There is some evidence that the 

business climate is improving, yet making a 

profit is harder than ever. Those who believe 

that home ownership is for the elite only will 

continue to battle our efforts on all fronts. 

Through our legislative activities, we will 

continue to work on your behalf to improve 

the building and remodeling climate. The 

defeat of the stretch sprinkler code is just 

one example of our efforts. We will have 

other successes in the year ahead. 

We will be focusing a significant amount 

of energy, too, on our educational offerings. 

As more of our members and nonmembers 

need to fulfill the requirements 

of the continuing education program, your 

association at the local and state levels will 

offer quality educational opportunities. 

We anticipate that an online product will 

be available to you by September 1. Some 

of our local chapters have already begun 

to provide courses, while others will be 

introducing their curricula this fall. 

You can expect to see me at one or more 

of your local meetings. I need your help in 

identifying those areas in which we can 

strengthen the relationships between the state 

and local chapters. This is of high priority to 

me. Reducing as much of the redundancy 

in our operations is crucial. There is a 

tremendous opportunity for reducing costs 

at all levels, while improving the products 

and services we deliver to all of our members. 

I am truly blessed to have a great team 

of volunteers at both the executive and 

full board levels. Together we are going 

to continue to strengthen the financial 

condition of the association. All members 

of the board have a fiscal responsibility to 

act in our members’ best interest. You can 

be assured we will do just that. 

In closing, I ask for only one thing from 

you: Please get involved with your local 

association. Bring in new members, get 

on a committee, attend meetings, and take 

advantage of the educational offerings. 

Thank you for the confidence you have 

placed in me. I look forward to working 

together with you as we build a stronger 

Home Builders Association. 

Michael McDowell, president of the Home Builders Association of Massachusetts, owns several small companies, including a construction company, a real estate firm, and a 

home inspection company. Michael is a past President of the Home Builders Association of Western Massachusetts and was appointed to the first Massachusetts State Board of 

Home Inspectors. where he still currently serves. He holds numerous licenses and certifications and is an educational provider for home inspectors, realtors, and contractors. 

The Home Builders Association of Massachusetts 

Welcomes the Following New Members: 

Mark Altman 

Dan Andrade 

Rob Augusto 

David Balcom 

Paul Beattie 

Mark Blais 

Robert Bohondoney 

Chuck Brousseau 

Rebecca Brown 

Franz Burke 

Russell Busa 

Roger Byam 

Michael Caruso 

Barry Chisholm 

Kathleen Coady 

Tom Colasanto 

Drew Colby 

Jason Collins 

Tim Connors 

Doug Cormier 

Fred Cowen 

Kevin Cradock 

Ken Crane 

Kristen Cronan 

Mike Curran 

Tom Daley 

Jennifer DeForge 

Linda DiLiddo 

Mark Durrenberger 

Brian Floyd 

John Gessner 

Carl Goldstein 

Amanda Greaves 

Phil Grzyb 

Paul Henrickson 

Paul Higgins 

Garret Holland 

Robert Hume 

Paula Isgro 

Edward Jacobs 

George Johnson 

Robert Jordan 

Bob Kesten 

Kenneth Kleynen 

William Koziara 

David Lantagne 

Michele Letourneau 

George Lovely III 

Ken Lynch 

Michael Macintyre 

Frank Mahlert 

Ted Mahoney 

Chris McNamara 

Chris Mian 

Dana Miskell 

Frank Murphy 

Steve Napolitano 

Vahe Ohannessian 

Tom Pezzella 

Kathy Poggi 

Gene Raymond Jr. 

Stephen Rivais 

Anthony Robitaille 

Artak Sahakyan 

Jeff Schwarz 

Jim Shaw 

William Sheldon 

Steven Silverman 

James Simpson 

Peter Spring 

Gary Streck 

Barry Sullivan 

Robert Szklarz 

Steve Thibeault 

John Tillotson 

Jack Wahlberg 

Charles Wallace 

Carl Warren 

Sean Xenos 

Chris Yerkes 

Remember To Do Business with a Member 

2 | SUMMER 2012 | WWW.BAYSTATEBUILDER.COM

BSB Buzz 

Boston Cedar Names New Hires 

Bethany Sawyer has been named director of 

new business development (a newly created 

position) by Boston Cedar and will have a senior 

sales position. She most recently served 

as the director of new membership for 

Rensselaer, NY-based Northeastern Retail 

Lumber Association. The company named 

Paul Burke to its purchasing department. 

He began his building materials career in 

1977 at Harbor Millwork in Hyde Park, MA, 

and subsequently moved on to a variety of 

increasingly important capacities with Gerrity 

Lumber Co., Huttig Building Products, 

and Rugby Building Products. For the last 14 

years, Burke has been a buyer and product 

manager with Abington, MA-based Cape Cod Lumber Co. 

2012 Home Builders Blitz 

Steve Thomas, Emmy Award-winning television personality 

and former host of This Old House and Renovation 

Nation, recently joined Merrimack Valley Habitat for Humanity 

and six local home building companies to raise the 

walls on two homes on Market Street in Lawrence during 

the Home Builders Blitz 2012. Merrimack Valley Habitat 

for Humanity was one of only five national Habitat affiliates 

chosen for an appearance by Steve Thomas during the 

2012 Home Builders Blitz week. The Blitz is a partnership 

between Habitat for Humanity and the building industry 

to build homes across the country during the week of June 

4-10, 2012. 

The partnership between Merrimack Valley Habitat 

for Humanity and the six building companies exemplifies 

the power of people working together for a common 

cause: building homes and building hope. The six building 

companies leading the Blitz included Howell Custom 

Building Group (Lawrence), Meadowview Construction 

(Georgetown), Cote & Foster Construction (Methuen), 

Premier Builders (Georgetown), JSR Adaptive Energy Solutions 

(S. Hamilton & W. Falmouth), and Correct Temp 

Inc. (Methuen). Each firm donated its time, energy, and 

skills to build these two homes with projected out-of-pocket 

costs of approximately $230,000 in addition to 15,000 

hours of donated labor. 

Senior Housing Set 

To Open in Wellesley 

Waterstone at Wellesley, a joint venture by Waltham-based Epoch 

Senior Living and Newton-based National Development, is 

set to open. A Grossman’s Bargain Outlet that stood empty for 

nearly 20 years was razed in June 2010 to make way for the campus. 

The 207,742-square-foot project includes 134 apartments 

for seniors, a fitness center, pool, theater, restaurant-style dining, 

designer kitchens, putting green, a riverfront walking trail 

along the Charles River, and an underground parking garage. 

Monthly rental fees range from $5,500 to more than $8,000. 

Elkus Manfredi Architects was project architect, Wellesley Design 

Consultants provided interior design services, and Cranshaw 

Construction was general contractor. 

MassHousing Approves Loan 

for ArborPoint 

The MassHousing board of directors recently approved $47 million 

in loan commitments and priority development funds for 

ArborPoint at Woodland Station, a 180-unit, mixed-income 

rental development to be built in Newton. The ArborPoint development 

will be built on a 6.9-acre site that is currently used as 

a “park-and-ride” lot for the Massachusetts Bay Transportation 

Authority’s Woodland Green Line Station in Newton. The land is 

being made available by the MBTA under a 70-year lease to the 

developer. In addition to the housing, the developer is required 

to construct a 548-space parking garage to replace existing surface 

parking for commuters as a condition of the land lease. 

“ArborPoint will be a national model for transit-oriented development 

and smart growth,” said Ted Tye, managing partner, National 

Development, in a statement. “The financing commitment 

from MassHousing culminates a cooperative process of working 

with the MBTA, City of Newton, and the neighborhood to bring 

an exciting new residential community to the area.” 

When completed, the project will include 180 units of mixedincome 

rental housing in one, four-story multi-family building, 

over a two-story parking garage, with an additional 22 townhome-style 

rental units. Of the total units, 144 will be rented 

at market rate, while 36 will be affordable and rented to households 

earning no more than 50% of the area median income 

(50% of $82,600 for a three-person household, or $37,200). Of 

the 295 resident garage spaces, 36 will be offered to the tenants 

of the affordable units at a monthly rental not to exceed 2% of 

the tenant’s monthly income. 


BSB Buzz 

BAGB Home Tour: Passport to Satisfaction 

The second annual Ferguson Greater Boston 

Home Tour event, produced by the Builders 

Association of Greater Boston (BAGB), will 

be held in September over two weekends: 

September 22-23 and September 29-30. 

The Home Tour is the region’s premier new 

home event and the largest multi-site open 

house ever held in metro Boston. 

It features a parade of showcase homes that 

demonstrate the latest in building, design, 

technology, and craftsmanship from leading 

custom builders and remodelers. Hundreds 

of visitors will be provided with a “passport” 

that allows them to tour as many homes as 

they choose during the event’s double weekend 

run. No other residential design event 

in Greater Boston attracts such an affluent 

consumer profile, nor is there any other 

comparable event that allows sponsors such 

multifaceted opportunities to create meaningful 

consumer experiences that will influence 

their next major home purchase or 

renovation decision. 

BAGB wants to get the message out to the 

consumers in the Greater Boston Area that 

now is a great time to buy or reinvest in 

your home. For decades the BAGB has been 

a resource for homeowners to find reliable 

builders, remodelers, building suppliers, 

and designers. Our members and professionals 

know what it takes to build quality. 

The Ferguson Greater Boston Home Tour 

provides all the resources consumers need 

to make smart housing and decorating decisions 

for their family and guarantees that 

they will leave inspired. Builders have been 

challenged to come up with new products, 

new design, and new plans for better living. 

This tour showcases some of the best work 

builders in the Boston area have to offer and 

will help build confidence again in the real 

estate market. 

Like other Home Tours around the country, 

this event will attract hundreds of homeowners, 

and more importantly, sales. The 

Home Tour doesn’t just produce leads, it 

produces results. Builders across the country 

rave about their success in signing multiple 

contracts for either new construction 

or for selling the homes they’ve showcased 

in the Home Tour. This event will bring 

together key professionals across the spectrum 

of the home design industry and qualified 

home buyers. 

The BAGB is here to serve homeowners 

and new home buyers by putting them in 

touch with the best home building and 

remodeling business in Greater Boston. 

We understand the emotional and financial 

investment you put into your home. 

When you work with us, we promise a 

remarkably satisfying home building or 

remodeling experience. 

So come to the Ferguson Greater Boston 

Home Tour and find out what we are all 

about; we challenge you to find a better 

resource for your home building or remodeling 

needs. Check us out at www. 

greaterbostonhometour.com. 

Do Business with a Member 

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Structures 

Designers & Manufacturers 

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Ludlow, MA 

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Your Logo could be here! Call KAthy at 603 343-4492. 


BSB Buzz 

Earn CEUs While You’re in Your PJs 

We have all sat in various seminars, workshops, and classes listening to 

somebody teach us stuff to help us better ourselves or enable us to earn 

continuing education credits toward a license or certification. While sitting 

there, we may have dreamed how much better it would be to be learning 

in the comfort of our own home, office, man cave, etc., with a cold 

beverage close by. 

Well, soon your dreams will become a reality, at least when it comes to 

earning continuing education credits for your Construction Supervisors’ 

License. The HBAM will soon be rolling out Home Builders University 

(HBU), which will allow CSL holders to earn CEUs from their home or 

office via the Internet. 

Building an online education portal is a long and expensive process. However, 

by partnering with an established online education provider, we are 

able to speed things up and keep costs down. In fact, the program should 

be up and running sometime this summer. 

In the early going, the course offerings on HBU will be somewhat limited, 

but will certainly provide some valuable classes that will help you earn 

some of your CEUs. The emphasis is on elective courses at the moment, 

but we will eventually have more of the required topics installed on HBU 

as well. The plan is to grow the number of classes as demand also grows. 

The major benefit of online education is really one of convenience. You 

can take the class when it best fits your schedule, wherever you want (provided 

you have Internet access), and you can pause it and pick it up where 

you left off. Furthermore, you will have the opportunity to purchase classes 

“in bulk,” which would help reduce overall costs. 

HBU is one part of a broader state-wide effort to provide continuing 

education classes to the home building industry and ensuring you—our 

memberships—have everything you need to obtain your credits and renew 

your licenses without hassle or worry, sometimes without even leaving 

your La-Z-Boy recliner. 

Jim Ingram, district sales manager 

of Delia Inc., has won the 

Associate of the Year Award 

from the Builders Association 

of Greater Boston. Eileen Caplan 

(Ferguson Enterprises), 

last year’s Associate of the Year, 

presented the award. 

Tom Patenaude, owner of Tom Patenaude Homes Inc. 

of North Andover, was named Builder of the Year by 

the North East Builders Association of Massachusetts. 

Also present at the recent Awards Banquet was 

Andrew M. Chaban (left), past president of NEBA. 

IN MEMORIAM 

Jack Dawley accepts the the 

Builders Association of Greater 

Boston Builder of the Year 

award from Sue Abt, executive 

officer of the Builders Association 

of Greater Boston. 

We are deeply saddened 

by the recent 

passing of our colleague 

and friend, 

Cheryl Warren-Powers, 

who had been 

executive officer at 

Bristol Norfolk Home 

Builders Association 

since November 2011 

and executive assistant/client 

service manager at Lund Financial 

Group. Just days before her passing, Cheryl and her 

husband Shawn were blessed with a set of twins: 

Craig Daniel and Jordan Ann. Our heartfelt sympathy 

to Cheryl’s family and friends. 


Lessons from the 

Legends 

This Year’s Honorees Can Teach a Few Things About 

Industry Staying Power 

WRITTEN BY MELISSA WOOD 

6 | SUMMER 2012 | WWW.BAYSTATEBUILDER.COM 

Ups and downs and booms and busts have always been a part of the building 

industry. While some people come and go from the industry, others have 

built lasting careers and businesses by being able to thrive in the good times 

and survive when things get lean. So how do you do it? 

Pay attention to the Legends. Five people who know a thing or two about staying 

power are the 2012 recipients of the Legend of Industry award from the Home 

Builders Association of Massachusetts (HBAM). They were honored in a ceremony 

on June 19 during the annual HBAM Installation Dinner and Awards held at the 

Clarke Distribution Showroom in Milford.

From left: 

Ted Steinhilber, 

Tony Shepley, 

Maureen DiPalma, 

Joseph Kakley, 

and Mel Fink. 

To even be considered a Legend, a 

nominee must have at least 25 years in the 

Massachusetts building industry. Many 

have more years than that. 

• Ted Steinhilber, owner of Guardian 

Integrated Systems and a member 

of the Central Massachusetts 

Association, has worked in the 

industry for 26 years. 

• Thirty-four years ago, Tony 

Shepley, a member of the Home 

Builders & Remodelers Association 

of Cape Cod, was only 25 years old 

when he founded Shepley Wood 

Products in 1978. 

• Maureen DiPalma of the North 

East Builders Association has spent 

42 years in the industry, starting L. 

J. DiPalma with her husband John 

in 1969. 

• In 46 years, Joseph Kakley of the 

HBRA of Western Massachusetts 

grew his business of J.R. Kakley 

& Sons/Kakley True Value Home 

Center into one of the largest 

drywall suppliers in western 

Massachusetts and Connecticut. 

• Mel Fink of the Builders 

Association of Greater Boston 

set out to learn all he could when 

he began in the emerging HVAC 

business in 1959 (for a profile of 

Fink, go to page 8). 

Hard work is one obvious answer for the 

Legends’ staying power. To set his business 

apart at the beginning, Shepley offered 

superb customer service. His early strategies 

included making deliveries within four 

hours, developing an interior trim expertise, 

pioneering the concept of primed pine 

through an in-house painting operation, 

and developing the “team” concept of 

selling. With locations in Hyannis, Wellfleet, 

and Nantucket, his company now employs 

more than 100 people. 

Hard work is one thing, tenacity 

another. When times get tough, Legends 

get tougher. DiPalma had been working 

full-time as a schoolteacher and parttime 

for the family business, L.J. 

DiPalma, until her husband John died 

at age 54 of a heart attack in 1990. Since 

then, she has developed more than 400 

homes. Most notably, the developments 

of DiPalma Estates, Waterford Meadows, 

and Emerald Court, a 276-unit 55-plus 

community that required three years of 

permitting, have become landmarks in 

her hometown of Tewksbury. 

Legends understand the importance 

of helping those around them. All of 

the 2012 honorees have exceptional 

records of service, putting in many 

hours and resources serving both 

their communities and local building 

associations. For example, Steinhilber 

is a relentless supporter of the HBRA of 

Central Massachusetts and its members, 

offering assistance in everything from 

fundraisers to legislative breakfasts to 

participating in public policy issues like 

the fight against sprinklers. 

His work this past year alone includes 

several homes built for Habitat for 

Humanity, a transitional housing project 

for homeless veterans, and several 

fundraising efforts to support local 

charitable groups. 

And finally, Legends don’t rest on 

They’re Legendary 

Since 2006, the Home Builders Association of Massachusetts has been recognizing Industry Legends. They are 

the people in our industry who make a difference, and their contributions have been significant to the home 

building industry in Massachusetts throughout their careers. Past recipients of “Legend” honors have included 

the following: 

2006: 

2008: 

2009: 

2010: 

2011: 

Joseph Grignaffini 

Albert Laplante 

Gerald J. Lussier 

Donald A. Baker 

Charles R. Calabrese 

Michael Cole 

Yvon Cormier 

Richard R. Lussier 

Kevin B. Sweeney 

Harry F. Smith 

Charles P. Magri 

Raymond E. Laplante 

James Derderian Sr. 

Elizabeth Kovach 

Andrew Crane 

Carl Foley 

Donald Johnston 

Finley Perry 

John Slavin 

Dr. James Walsh 

Julie Sprindzunas 

Paul Moriarty 

Robin Ward 


MELVIN B. FINK 

When Mel Fink first started in the HVAC business in 1959, Elvis was still King, poodle skirts 

were all the rage, and a gallon of gas averaged 31 cents. Fink got into HVAC work as a contractor, 

serving both residential and light commercial. “I thought it would be a growing field, and it was,” 

he recalls. “There was a lot of potential. I tried to become as competent as any other contractor 

and I worked hard to build a good reputation. As it turned out, I did very well.” 

Fink had his own business for some years and then took on a partner. In 1986, he went back 

to running his own company—Mel Fink & Associates—until he retired. He had joined the Home 

Builders Association of Massachusetts (HBAM) in 1962, a move he credits with putting him on 

the path to success. “Virtually everything HBAM offered was beneficial,” he says. “Joining was 

one of the wisest moves I ever made. I received more help from HBAM than I did from my own 

professional trade associations. I first got involved at the local level, then the state level, and 

finally, the national level. There is a tremendous amount of knowledge available at the national 

level. You can receive guidance on anything to do with the building industry. There is simply no 

end to the expertise available to you.” 

In the early 1970s, he was contracted to install the HVAC in the historic Bigelow Estate in Newton, MA, for a segment of the PBS 

television series, “This Old House.” Working with the century-old home was challenging, but Fink’s moment of celebrity drew 

enthusiastic calls from friends and relatives all over the country. “It was a great project,” he recalls. “I got all the equipment 

donated from York, and then I did the installation. I never expected to actually be on TV, so that was a treat.” Fink did interact 

some with Bob Vila, the program host at the time, whom he remembers as “a character.” 

Over the years, Fink has been a consultant to the building, energy, and HVAC industries, an instructor, and a member of 

committees and commissions too numerous to list in their entirety. A few highlights include member of the Energy Committee 

of the National Association of Home Builders (2003 to 2006), director of the HBAM, director and life member of the Builders 

Association of Greater Boston, and president of the Northeast Heat Pump and Air Conditioning Association (now Northeast ACCA). 

When asked if he had any words of wisdom for young builders, he says, “Be sure to know your craft. You should be the best you 

can be at what you do. And, always look into the reputation of your subcontractors. Don’t choose them by the price. You won’t 

get any bargains.” 

At age 82, Fink is still going strong. He has consulted for an attorney, Paul Moriarty, who does contractual code work for the 

HVAC and energy industries, and still attends HBAM state meetings. He considers himself “semi-retired” and has no intentions 

of slowing down. 

Congratulations, Melvin Fink—HBAM Legend! 

Legends of Industry 

their laurels but look to the future for 

continued growth by lending a hand to 

the industry’s next generation. Kakley has 

recruited 222 new members and has been 

a mentor in the Springfield community 

for a number of minority contractors. 

During his tenure as the Community 

Outreach Program Chair, he instituted 

scholarships for minority contractors to 

take the Construction Supervisor License 

program free of charge to encourage them 

to enter the residential contractor market 

and to join the association. 

To learn more about this year’s Legends, 

subscribe to our email newsletter, 

Bay State Builder News, by emailing 

Kathy Poggi at kpoggi@seacoastink. 

com. Legends are nominated by the 

regional associations of the HBAM. For 

information about how to nominate a 

member, please contact the executive 

officer of your member association. n 

Melissa Wood is a writer in Scarborough, ME. She is the former editor of Accent Home & Garden magazine and has more than 

a decade of publishing experience. She creates monthly e-newsletters for Granite State Builder, Bay State Builder, and Build 

New Hampshire. Melissa also writes and edits for the national magazines Seafood Business and National Fisherman, where 

at-sea assignments have included trips to a mussel farm off Portland and a day shrimping in January. 


Government affairs 

WRITTEN BY BENJAMIN FIERRO III 

Bill Would Give Notice to Abutters 

of Plan Approvals 

Asignificant barrier to new home 

construction in Massachusetts 

and a major reason why those 

homes that do get built are unnecessarily 

expensive are abutter appeals of subdivision 

approvals. But rather than taking steps to 

curtail the efforts of abutters to frustrate 

needed housing development, a bill that 

would surely result in similar appeals is 

advancing in the Legislature. 

House Bill No. 86 seeks to amend the 

Subdivision Control Law (G.L. c. 41, §81U) 

to allow communities to require a planning 

board to send notice to all abutters of a 

proposed subdivision of any action taken 

on such plan and to inform those persons 

of their right to appeal the approval of a 

subdivision plan. This requirement is both 

unnecessary to protect the rights of abutters 

and a financial burden upon cities and towns. 

Further, as a local option provision, it will 

undermine the uniformity of the procedures 

for the review of subdivision plans as set 

forth in the Subdivision Control Law. 

The Subdivision Control Law (G.L. c. 

41, §81T) already provides comprehensive 

notice to any abutter to a proposed 

subdivision of their opportunity to express 

their concerns about it. Notice of the time 

and place of the initial public hearing must 

be given by advertisement in a newspaper 

of general circulation in the city or town 

once in each of two successive weeks, the 

first publication being not less than 14 days 

before the day of such hearing, or if there is 

no such newspaper, then by posting notice in 

a conspicuous place in the city or town hall 

for a period of not less than 14 days before 

the day of such hearing, and by mailing a 

copy of such advertisement to all owners of 

land abutting the subdivision as appearing 

on the most recent tax list. Note that the 

law imposes the financial cost of providing 

notice on the applicant. 

The experience of home builders, as 

well as that of the volunteer members of 

local planning boards, is that concerned 

neighbors and abutters almost always appear 

at the initial public hearing on a proposed 

subdivision plan. If those individuals have 

concerns about the subdivision, then they 

continue to have the opportunity to express 

their views at subsequent public hearings on 

the plan—as it typically takes many months 

and repeated public hearings for even the 

simplest development to be approved. 

The Subdivision Control Law (G.L. c. 41, 

§81BB) also grants to any person, whether 

or not previously a party to the proceedings, 

the right to appeal any decision of a planning 

board concerning a subdivision plan. That 

appeal may be taken to the superior court for 

the county in which said land is situated or 

to the land court, provided that said appeal 

is filed within 20 days after the decision by 

the planning board is recorded with the city 

or town clerk or within 20 days after the 

expiration of the time required for the board 

to make a decision. 

Many opponents to housing understand 

how to use the legal system to wrap up a 

builder in paper, create unconscionable 

delays, and invent leverage out of nothing. 

The appeals filed by these individuals are 

not necessarily frivolous, per se, but they are 

tactical—lawsuits brought with no intention 

of being pursued to trial (the abutters are, 

in many instances, unable to prove any 

harm unique to their property from the 

development). Rather, they are brought 

solely to delay a project in the hope that it 

will not be built due to a loss of financing or a 

downturn in the market, or to extract further 

concessions from the developer. 

To grant to cities and towns the power to 

require planning boards to send notice to 

all persons that they had given initial notice 

to and inform them of their right of appeal 

will only invite the filing of more appeals— 

thereby adding to the legal costs of those 

municipalities in defending the decisions of 

their planning boards. 

In opposing House Bill No. 86, the Home 

Builders Association of Massachusetts urged 

lawmakers to take notice of the fact that 

most communities in the Commonwealth 

broadcast the meetings of their local boards 

and commissions on cable access television. 

Interested citizens who are concerned about 

a proposed development may monitor the 

deliberations and decisions of their planning 

boards from the comfort of their homes. 

There is no lack of opportunity for abutters 

to be informed about the decisions of their 

local planning boards and to appeal those 

decisions should they wish to do so. House 

Bill No. 86 is without merit and should be 

rejected by the Legislature. 

n 

Benjamin Fierro III is a partner in the Boston law firm of Lynch & Fierro LLP and serves as counsel to the Home Builders Association 

of Massachusetts. 



WRITTEN BY SHIRA SCHOENBERG OF THE STATE HOUSE NEWS SERVICE 

Failure to Carry Workers’ Comp 

Could Become a Felony: Bill S.915 

Business owners who fail to purchase 

workers’ compensation insurance 

will be committing a felony, 

according to a bill under consideration by 

the Massachusetts State Senate. 

Currently, business owners who do 

not purchase workers’ compensation are 

committing a misdemeanor. Supporters of 

the bill (S.915) say the enhanced penalties 

will further deter companies from not 

buying coverage. If an injured worker is not 

covered, his care is paid for by a state trust 

fund, which is funded by the employers 

who do buy coverage. 

“Their failure to have that insurance in 

place means that if workers working for 

them get injured, the rest of the employer 

community pays the bill,” said John Regan, 

chairman of the Workers’ Compensation 

Advisory Council and executive vice 

president for government affairs at the 

Associated Industries of Massachusetts. 

The council, made up of representatives of 

employers and labor, endorsed the bill. 

Regan said the felony characterization 

“reflects the seriousness of the issue, and 

conveys how important it is that coverage 

be in place.” But some businesses oppose 

the stiffer penalties as unnecessary. 

Bill Vernon, Massachusetts’ state director 

for the National Federation of Independent 

Business, said lawmakers need to be more 

attentive to job creators, and this policy 

“would go in the exact wrong direction.” 

“Is this really necessary?” Vernon 

asked. “Here we go demonizing the job 

creators. Clearly, people who are knowingly 

misclassifying employees to escape 

paying workers’ compensation should be 

penalized, but I don’t think that should rise 

to the level of a felony.” 

Vernon said Massachusetts already has 

a strict employee classification system, 

which makes it difficult for someone to be 

classified as an independent contractor. 

Once a worker is defined as an employee, 

his employer must provide some form of 

workers’ compensation insurance. Vernon 

said he believes the current penalties are 

enough to dissuade most people from 

intentionally misclassifying employees, and 

the law could hurt people who misclassify 

employees by mistake. 

“Making this a felony is really dangerous,” 

he said. Currently, business owners who do 

not buy insurance are subject to a penalty 

of up to a year in prison or a fine of up to 

$1,500. A felony would carry a penalty of 

“Folks who are doing 

the right thing and 

employing people as 

they should be and 

paying to have their 

workers covered by 

workers’ comp insurance 

are at a competitive 

disadvantage.” 

—Stephen Joyce 

state prison for up to five years or jail for 

up to two and a half years, or a fine of up 

to $10,000. 

The bill’s sponsor, Sen. Katherine Clark 

(D-Melrose), said it is already a felony to 

commit workers’ compensation fraud, so 

the change would create the same penalty 

for not having workers’ compensation. 

“We hope to really increase the safety 

of the employment site for workers, by 

bringing the issue of workers’ compensation 

to the forefront,” Clark said. 

Stephen Joyce, government relations 

director for the New England Carpenters 

Labor Management Program, who has 

lobbied for the bill, said he has seen cases 

where employers in the construction 

industry pay employees in cash off the 

books or simply fail to buy workers’ 

compensation insurance. 

“Folks who are doing the right thing 

and employing people as they should be 

and paying to have their workers covered 

by workers’ comp insurance are at a 

competitive disadvantage,” said Joyce. “It 

negatively impacts our members who work 

for legitimate contractors.” 

The Department of Industrial Accidents 

has reported over 1,000 cases during the past 

five years of workers hurt at a business where 

the employer has no workers’ compensation 

insurance. These cases resulted in nearly 

$26 million being paid out of the workers’ 

compensation trust fund. 

According to the Department of 

Industrial Accidents, enforcement against 

companies without workers’ compensation 

peaked in fiscal years 2009-2010. In each 

of those years, the department issued 

stop work orders against more than 3,480 

companies, ordering them to stop working 

until they provided their employees with 

workers’ comp insurance. The number 

dropped to just under 3,000 in 2011. The 

department collected between $1.3 million 

and $1.8 million a year in fines as a result of 

those orders in each of the last three years. 

Grant Woodman, spokesman for 

Attorney General Martha Coakley, who 

sponsored the bill, said as a result of 

the delinquent companies, law-abiding 

businesses are paying to insure their own 

employees and the employees of their 

competitors. 

“This reality is unfair,” Woodman said. 

“Our legislation would help curtail this 

illegal conduct and create a level playing 

field among businesses by enhancing 



the penalties for not carrying workers‘ 

compensation insurance to more closely 

align them with the penalties for those 

who commit fraud in this area.“ 

Sen. James Eldridge (D-Acton), a cosponsor, 

said the bill “sends a strong 

message to employers that they need 

to work to make sure there is workers’ 

compensation for their employees.” n 

BILL UPDATE 

Source: The 187th General Court of the Commonwealth of Massachusetts Site 

April 26, 2012 Senate Rules suspended 

April 26, 2012 Senate Read third and passed to be engrossed 

April 30, 2012 House Referred to the House Committee on Ways and Means 

As of May 11, 2012, Sen. Clark staffer says, 

“It looks like the House will do the same.” 


Legal Matters 

WRITTEN BY MARK A. KABLACK 

When Home Rule Becomes Unruly 

Massachusetts has a strong 

“home rule” provision, adopted 

by amendment to the State 

Constitution (the Home Rule Amendment). 

This provision empowers cities and towns 

to exercise any power or function that the 

State Legislature has the authority to confer, 

provided that such power or function is not 

inconsistent with the Constitution or State 

Law. Home rule obviously has its origin in 

the colonial history of Massachusetts and 

the corresponding self-governance and selfdetermination 

philosophies of early settlers. 

This philosophy made sense in the early years 

of the Commonwealth, and arguably through 

most of the 20th century. Today, however, 

in a global economy with regional needs 

for housing and infrastructure, home rule 

provides much consternation, particularly in 

the areas of land use and development. There 

are 351 communities in Massachusetts, and 

many land use regulations are complicated 

by individual ordinances, bylaws, and local 

regulations that can run the gamut from 

architectural standards to waste disposal. 

The HBAM is very much in favor of 

uniform and predictable standards for land 

use regulation, based upon sound policy and 

science. To this end, HBAM has become wary 

of home rule initiatives, particularly those that 

are pretexts for local no-growth mandates. For 

these reasons, HBAM is a staunch supporter 

of the Uniform State Building Code (Building 

Code), which was adopted in 1972 to create 

uniform standards throughout Massachusetts 

for the construction of buildings and the 

materials used therein. 

The Building Code has seen recent 

initiatives that have eroded uniformity, in 

many ways reversing the clock to when each 

city or town had its own standards for building 

construction. Three years ago, HBAM fought 

and lost a battle over the Stretch Energy Code, 

which allows municipalities to adopt increased 

energy-efficiency standards by local option, 

resulting in a patchwork of energy design 

criteria from one municipality to the next. 

Recently HBAM monitored and successfully 

fought against the State Fire Marshal’s attempt 

to promote a Stretch Sprinkler Code, which 

would have allowed communities by local 

adoption to require mandatory fire sprinklers 

in all new residential construction. These 

provisions are on top of other local practices 

that create unique requirements for application 

materials, fees, inspection schedules, and 

construction standards, which frustrate the 

uniform objective of the Building Code. 

Fortunately, the Massachusetts Supreme 

Judicial Court (SJC) has recently reviewed 

this issue in the case entitled: St. George 

Greek Orthodox Cathedral of Western MA 

Inc. v. Fire Department of Springfield (May 

2012). In this case, the City of Springfield had 

passed an ordinance in 2006 requiring that 

all buildings in the city use one particular 

type of “approved radio box” for a fire alarm. 

The city’s “approved” system was one of four 

alarm systems recognized by the Board of 

Building Regulations and Standards (BBRS) 

as a conforming system under the Building 

Code. When the church installed one of 

the other conforming systems as part of a 

building renovation project in 2009, the city’s 

fire department issued a violation fine, and 

the church appealed to the BBRS. The BBRS 

ruled that the church had complied with the 

Building Code, but that it was unable to strike 

down the city’s ordinance or otherwise grant 

relief from the fine. The church appealed the 

BBRS ruling to the Superior Court, where on 

Summary Judgment the court struck down the 

ordinance as unenforceable, contrary to the 

Building Code and violative of the Home Rule 

Amendment. When the city sought further 

appeal, the SJC transferred the case on its own 

motion and ruled in favor of the church. 

In a unanimous decision, Justice Lenk 

establishes a bright line test regarding 

impermissible local intrusion on matters 

covered by the Building Code. The SJC has 

ruled that the 1972 Building Code legislation 

was clear in its intent to create uniform 

building standards and preclude (or preempt) 

local initiatives that are inconsistent with this 

purpose. The Home Rule Amendment offers 

no authority or protection to communities 

when local initiatives are inconsistent with 

the Building Code. In the St. George case, the 

SJC recognized that the BBRS had the singular 

charge to establish appropriate fire alarm 

systems. The BBRS alone has this authority 

in its charge to continually study building 

code standards, their effects on the costs of 

construction, and the effects of code provisions 

for health, safety, energy conservation, and 

security. If the BBRS decided that there are 

four approved fire alarm systems under the 

Building Code, then the church should be 

able to choose any one of the four at its option, 

despite the city’s ordinance to the contrary. 

The SJC has recognized the dangerous 

circumstances that can result when 

municipalities enact their own restrictive 

ordinances or bylaws, resulting in a 

“patchwork” of building regulations. The court 

was also instructive in identifying the proper 

procedures for adopting enhanced building 

standards: a) municipalities may petition the 

BBRS and request more restrictive standards 

than those set forth in the Building Code; b) 

municipalities may seek to amend the Building 

Code; or c) municipalities may pursue direct 

action before the State Legislature. The City of 

Springfield failed to follow any of these steps. 

The St. George decision provides strong 

language in defense of the Building Code 

and the goal for uniformity in building 

construction throughout Massachusetts. With 

increasing regulatory barriers to development, 

many of which occur at the local level, the 

SJC’s guidance is extremely helpful. n 

Mark A. Kablack is a real estate attorney specializing in land use law and is principal of the firm M.A. Kablack & Associates PC, Westborough, 

MA. He is a long-standing member of the board of directors of HBAM and currently serves as co-chair of the Public Policy Committee. 


Build 

WRITTEN BY CRYSTAL WARD KENT 

Be Like Brit: 

Out of Tragedy 

Comes Hope 

An Orphanage Takes 

Shape in Haiti 

The last photo of Britney, smiling 

joyously among the children she so 

quickly came to love. 

At 19, your life seems full of promise. 

What path will your career take? 

Will you travel and see the world? 

Will you make a difference? At 19, Britney 

Gengel was pondering similar questions. A 

vibrant young woman, she was enrolled at 

Lynn University in Boca Raton, FL, where 

she majored in Communications with a 

Sociology minor. Not yet sure of her purpose 

in life, she had signed up for a college mission 

trip to Haiti. There, the students would 

distribute food and work at an orphanage. 

Despite its devastating poverty, the 

Haitian people are quick to laugh, and Brit, 

as her family called her, was immediately 

captivated by their spirit—especially the 

children. After spending her second day 

working with the orphans, she sent her 

parents this text: “They love us so much, 

and everyone is so happy. They love what 

they have, and they work hard to get 

nowhere, yet they are all so appreciative. I 

want to move here and start an orphanage 

myself.” Hours later, on January 12, 2010, 

a massive 7.0 earthquake rocked Haiti. 

More than 316,000 Haitians were killed, 

300,000 injured, and more than a million 

left homeless. Among those killed was 

Britney, whose hotel collapsed during the 

quake. Initially, it was believed that she 

had survived, but that rumor proved false 

and she was declared missing. For days her 

family agonized as they waited for news. 

Finally, weeks later, her body, and that of 

another student and two Lynn professors, 

was pulled from the rubble. She was just 

nine days shy of her twentieth birthday. 

“Brit could light up a room,” says Len 

Gengel, her dad and owner of C&S Builders 

in Rutland, MA. “She was so full of life. 

When we got her last message, and saw 

how these children had inspired her, we 

knew we couldn’t let her dream die, too. We 

made a pledge to get that orphanage built.” 

The Gengel family immediately 

established the Be Like Brit foundation, 

whose current goal is to raise funds to build 

and furnish an orphanage in Haiti. The 

location is in Grand Goâve, about two hours 

outside of Port au Prince. The building will 

sit on a lush hillside overlooking the Atlantic 

Ocean with 240° views of the horizon. The 

two-acre site is centered by a mango tree 

ripe with fruit. The mango tree will be 

the focal point of the orphanage, which is 

designed in the shape of the letter “B” by 

architect Paul Fallon of TRO Jung/Brannen 

of Boston. When completed, the orphanage 

will house 66 Haitian children—33 girls and 

33 boys. The numbers are symbolic of the 33 

days that Brit’s body was buried at the Hotel 

Montana. When completed, the building 

will be 19,000 square feet—in tribute to 

Brit’s age when she died. The first floor of 

the orphanage will include two courtyard 

play areas surrounding a central dining 

area. Rooms around the courtyard include 

a kitchen, laundry, office, and living room. 

There will also be an infirmary and dental 

clinic. In addition, there will be bedrooms for 

the orphanage’s matrons and bedrooms for 

the children, who will sleep four to a room. 


Build 

Clockwise, from top: The orphanage takes shape on the Haitian hillside. It will have wonderful ocean views. Mark Leff of Salem Five Bank is among the many 

volunteers who have journeyed to Haiti to help build the orphanage. Len Gengel, in a Be Like Brit shirt, reviews construction plans. Britney’s brothers, Bernie and 

Richie pose with Haitian friends Mackenlove and Chrislove, whom they have nicknamed the Love Bros. 

The second level will include more bedrooms, 

guest rooms, and community rooms. 

After identifying the location in September 

2010, Len Gengel and his team officially 

broke ground for the orphanage on January 

9, 2011. They quickly learned that building 

in Haiti is an effort filled with both joy and 

challenges. “Haiti is the poorest nation in the 

Western Hemisphere,” says Gengel. “When 

you come here, you have to understand that 

you are going in with nothing; you will have 

to supply everything you need. We have been 

so fortunate that when people learned what 

we were doing, they immediately donated 

everything we needed times two. I had a 

28-foot-long box truck that was completely 

filled with supplies. I drove it down to 

Florida in November 2010 to be shipped 

over here. It was a tough time because that 

Thanksgiving was our first one without 

Brit—yet it was rewarding because we had 

this truck full of supplies, and we knew her 

dream was underway.” 

By January 2011, the site was cut, filled, 

and leveled. Gengel had hired 25 Haitian 

workers for the initial work, partly because 

he wanted them to feel involved in the 

project, but also because jobs are so vital. 

“In Haiti, they say that for every person you 

pay, you support another five to ten people, 

so we feel good knowing that we are helping 

feed a great many people.” 

During 2011 alone, Gengel made more 

than 20 trips to Haiti, putting in over 17 hours 

of travel each time. Over the past year, his 

Haitian workforce has more than doubled. 

He has brought in essential equipment such 

as a generator and hydraulic press, but a lot 

is still being done by hand on-site because 

transport is also difficult. 

“We make our own concrete blocks; 

we bring in rebar and cement from the 

Dominican Republic. We mix our own 

concrete one yard at a time,” he says. “It 

takes longer, but it gets done.” 

Gengel is also passionate about making 

this building earthquake-proof. “We 

reviewed many, many seismic studies, and 

this building is being built to the same 

code they use in California,” he says. “Most 

of the buildings in Haiti were just thrown 

together—the people didn’t know how 

to build well. We have 44,000 pounds of 

rebar in the footing alone, and 600 yards 

of concrete. As we work, we spend a lot 

of time teaching the Haitians about safety 

standards and why things should be done 

a certain way so buildings won’t collapse.” 

Gengel’s efforts to build the orphanage 

have attracted a steady stream of volunteers, 


Build 

Architect Paul Fallon’s rendering of the completed orphanage. 

Note how the building is shaped like the letter “B.” 

or “Brisionaries,” as the family likes to call 

them. Among those going down to help was 

Mark Leff, senior vice president of Salem Five 

Bank in Salem, MA. Salem Five had already 

donated $8,000 to Be Like Brit but Leff, who 

has known Gengel for years, wanted to get 

involved in a more hands-on way. 

“Len is a stand-up guy,” he says. “He 

was clearly devastated by the tragedy that 

befell his daughter, yet he turned that into 

something positive. He is making it his 

life’s work to help the Haitian people, as 

his daughter would have wanted. I felt 

compelled to help him in this. I feel it’s 

important in life to show appreciation, and 

this seemed like the perfect way to do that.” 

Leff joked that when he initially called 

Gengel to offer his services, Gengel 

hesitated. “I could tell he was thinking how 

much help swinging a hammer would this 

banker really be,” he laughs. “I’m sure he 

thought I’d be more of a nuisance underfoot 

than anything else. He kept saying, ‘You 

know you have to get shots to go down 

there.’ But when I told him I was prepared 

to do that, he realized I was serious and was 

happy to have me along. I’m pleased to say 

that I did actually help the electricians and 

managed not to get into any trouble.” 

Other companies are continuing to get 

on board to help the orphanage become 

a reality. Architect Fallon donated his 

time, as did structural engineers SGH 

of Waltham, MA. Granite City Electric 

donated all the receptacles and fixtures; 

Kohler donated all the plumbing fixtures. 

Perini Construction of Framingham, MA, 

donated a cement mixer. “It turns out 

that some years ago, I built a home for the 

daughter of the owner,” says Gengel. “I 

never knew she was connected to the Perini 

company, but they remembered us, and 

when they heard about Brit, they wanted 

to get involved. It’s amazing the number of 

people who have come out to help.” 

Gengel has also been overwhelmed by 

the support of his employees during this 

time. “My company celebrates 30 years 

in June,” he says. “Most of my employees 

have been with us anywhere from 10 to 17 

years. Last year, despite my being gone for 

23 weeks working in Haiti, they built 17 

homes. They have kept things going so that 

I could finish this project.” 

The orphanage is slated to be completed in 

November of 2012, with the grand opening 

scheduled for January 12, 2013, the day of 

the original earthquake. The orphanage is 

designed to be completely sustainable with 

60 solar panels, a nanotechnology water 

filter, an artesian well that will produce 10 

gallons of water per minute, backup diesel 

generator, and a septic system—which is 

unheard of in Haiti. 

“It has been a gift to work with these 

people,” says Gengel. “We are giving them 

an orphanage, clean water, jobs, knowledge, 

but they are giving us a great deal in return. 

They are so appreciative that we are helping 

their country. It is a blessing to be able to 

change lives like this.” 

On the Be Like Brit website, there is a 

photo of Britney Gengel in Haiti. She is a 

dark-haired beauty, laughing, surrounded 

by smiling children. It is a testament to 

her bright spirit that despite her death, she 

is making a difference. Her legacy lives on 

in every beam and block of the orphanage 

built in her honor. One day soon, dozens of 

children will enjoy a better life, thanks to a 

daughter’s caring and a father’s love. n 

Author’s Note: If you would like to make a 

donation to Be Like Brit, learn more, or get 

involved, please visit www.BeLikeBrit.org. 

Be Like Brit is a registered 501 (c)(3) and 

all contributions are tax deductible. 

Crystal Ward Kent, principal, started Kent Creative (formerly Kent Communications) in Portsmouth, NH, in 1990 and has more than 

20 years’ experience in writing, art direction, and marketing. She also does extensive freelance writing and has written for newspapers, 

magazines, and books, including Yankee Magazine, Guideposts’ Books Listening to the Animals series; Guideposts’ Be Not Afraid, Their 

Mysterious Ways and A Glimpse of Forever, among others. For more about Kent Creative, go to kentcreativeweb.com. 


Special Report 

WRITTEN BY ANNE OLSON 

BUILT BY BRENDON HOMES, SOUTHBOROUGH, MA 

Creating a Boomer Market: 

Give ‘Em Lifestyle 

Photos courtesy of 

Brendon Homes 

The current baby boomers are the 

healthiest, wealthiest, and most active 

generation to ever pass the 50-year 

mark. They do not see the years ahead in terms 

of slowing down; they see them in terms of 

opportunity and fulfillment. Their optimism 

for the opportunity in their future provides a 

wonderful opportunity to home builders. 

So what do you offer to a boomer to entice 

him or her to leave his or her comfort zone? 

What will it take to make this optimistic-butcomfortable 

buyer make the move? 

This buyer won’t settle for just any new 

house. Boomers are looking for a lifestyle 

that lives up to their dreams. “Boomersavvy” 

builders will find enumerable ways 

to demonstrate that they understand their 

buyers and offer the lifestyle that can’t be 

matched in the boomers’ current residence. 

How do you build lifestyle? Every element 

of the boomer home must be evaluated: If 

it doesn’t contribute to the lifestyle of their 

dreams, then leave it out. 

Flexibility 

The best boomer homes, like the people who 

live there, have to wear a lot of hats. The home 

has to be flexible to allow for the owners’ 

unique dreams to be lived out within the 

walls. Dreams come in all shapes and sizes: It 

may be a personal fitness room, a car-lover’s 

garage, a huge craft room, or a wonderful 

place for entertaining friends and family. 

Some rooms will have to serve multiple 

functions and serve them well. 

I have to throw in a quick segue here to 

say that for many boomers, downsizing is a 

relative term. “Right-sizing” is a better one. 

This home will not be chosen based on its 

bedroom and bathroom count but because 

it provides the exact space to meet the daily 

needs of its owners. 

The best homes will take into account all 

of the diverse interests of this active, vibrant 

market. Consider a plan in which you can 

offer a home office and a guest suite on the 

main level. 

Some buyers will trade the guest suite for 

his-and-her home offices (for the couple 

where both work from home). Others will 

require the guest suite to allow them to care 

for an aging parent. Still others will turn the 

space into a library or music room. 

Remember that a number of boomers still 

need a place for the baby grand. A plan that 

has built-in flexibility allows a builder to meet 

the needs of this diverse market. 



For many boomers, having a game room, dining room, and expansive outdoor space to suit their lifestyle is more important than having many bedrooms or bathrooms. 

Function 

Boomers also want to see a huge improvement 

in the way their new home functions with 

their lifestyle. They look for specific, welldesigned 

spaces for their “stuff.” These spaces 

may include a butler’s pantry with wine 

storage, art and book spaces, a pet wash, 

well-designed mud room, teen laundry, 

or command center. Boomers seek a truly 

functional home office or carefully thoughtout 

technology to enhance their lifestyle, not 

over-complicate it. 

One of the main reasons that boomers 

won’t leave their current “comfy” home is the 

lack of storage in new homes. Don’t forget the 

linen, cleaning supply, and vacuum storage, 

the food pantry, and the large pantry. Some 

big benefits of new homes are the spacious 

master closets, but don’t forget that they will 

need other storage space as well. 

Friends and Family 

Marti Barletta of the TrendSight Group 

calls women aged 50 to 70 “Prime Time 

Women.” These women care about the 

fullness of experience and prize warm, honest 

relationships above all else. This is why the 

formal dining area still has a place in many 

boomer homes. 

Keep in mind that this room is often tied 

to an heirloom piece of furniture. If it isn’t 

large enough to hold the heirloom piece, it 

is worthless space. A wonderful thing about 

the formal dining room is that it can easily 

be converted into a home office or library/ 

music room for the buyer who doesn’t 

desire the formal space. For the buyer who 

pictures Thanksgiving dinner with all the 

kids and grandkids around the table, no 

other room will do. 

What other rooms are important when 

the focus is on friends and family? It’s no 

big surprise that the kitchen is still the 

heart of the home. Kitchens are not just 

about cooking. The kitchen is the place for 

relationships to thrive. Yes, you still have to 

cook there, but now the kitchen also is an 

entertainment focus. Make certain that your 

kitchen allows for easy conversation with 

guests in the great room. 

Pay close attention to the courtyards, 

outdoor living rooms and kitchens, covered 

decks and patios, and porches. One of the 

most important lifestyle trends today is 

the blurring of the line between indoor 

and outdoor spaces. These outdoor living 

areas add some often-ignored flexibility by 

expanding the home’s usable square footage. 

Don’t forget to offer important lifestyle 

features like outdoor fireplaces, barbecues, 

and kitchens. 

Fully Mine 

No one wants to have the exact same home 

as his or her neighbor. Today’s boomer buyers 

are looking to create a home that is theirs 

alone. Allow for some unique design options. 

Don’t misinterpret this to mean unlimited 

choice. Strive for reasonable options, within 



the context of service. Show your buyers 

that you have taken the time to understand 

who they are, and your options reflect this 

level of research and service. 

Details matter here. It’s the unique 

details that will make you stand out as they 

compare your home with your competitors’ 

houses. Most builders offer an array of 

interior finish selections. Don’t stop there: 

Offer the option packages that the buyers in 

your area demand. 

Make your homes unique, starting with 

the street scene. Offer elevation styles that 

distinguish one home from another with 

the same floor plan. This will take more 

than just offering a different color of brick. 

Offer elevation styles that will match the 

individuality of your buyers. 

Consider landscape packages that 

include the design of outdoor living areas. 

If possible, offer maintenance packages as 

well. This is a buyer who travels and can’t be 

tied to home and yard maintenance. 

All About Lifestyle 

Today’s boomers want a home that perfectly 

meshes with their lifestyle. The boomersavvy 

builder pays attention to the lifestyle 

hot buttons of flexibility, function, and 

friends and family. 

Don’t forget that this buyer won’t settle 

for a home that is anything less than “fully 

mine.” If you pay attention to these key 

areas in the design of your boomer homes, 

you will find yourself well on your way 

to capturing the attention of your next 

boomer home buyer. 

n 

Anne Olson, AIA, principal of Osmosis Art and Architecture (formerly Olson Architecture Inc.), in Niwot, CO, brings more than 24 years’ experience in market-driven 

residential architecture to her clients. Olson works with home builders throughout the United States and is a regular speaker at the International Builders’ Show. She 

can be reached at 303 652-2668. 



WRITTEN BY JANE MARIE O’CONNOR 

A Fresh Approach 

to 55+ Sales 

Success 

The long four-year recession in the 

housing industry has necessitated 

a fresh approach to selling to the 

powerful 55+ niche market. The face of 

our customers has changed, and their 

preferences to complement their lifestyle 

have changed, so the process of how we 

communicate and sell to them must change 

as well. This change comes in two critical 

areas: whom we have on our front lines 

selling and representing the face of the 

company; and how we convey our core 

message to court customers. 

Selling today is not an easy process. 

Nationwide, the raw clay we seek in a 

top performer in challenged economic 

times is very different from the talent 

we employed pre-recession. Today’s top 

performers are of two breeds. The first 

breed is “the natural,” rare and very hard 

to find. These naturals are innately gifted 

with the ability to connect with and convert 

customers to happy homeowners within 

our communities. But they represent less 

than 5% of the sales force. 

The second breed comprises good sales 

professionals who can be coached and molded 

into top performers. They aspire to move 

from good to great and are eager to learn the 

fresh approach to successful selling. They 

understand the process of selling lifestyle by 

design. They use an anthropological approach 

to understand their customers and the 

lifestyle they seek to complement their daily 

lives. They use deep discovery and revealing 

techniques to expose the true motivation of 

today’s buyers and their perceived obstacles 

and barriers to move the sale forward. They 

Selling to the 55+ niche market requires the use of a USP approach, whereby the sales force focuses on a 

community’s specific character and unique offerings (such as the presence of a community center featured above). 

are excited about using the new critical order 

of the selling process to close the sale. 

Successful courtship strategies demand 

that we first take a fresh look at our brand, 

that is, our unique promise to our customers. 

Determine if your brand’s promise dovetails 

into your Unique Selling Proposition (USP). 

A USP identifies your community’s specific 

character and features and is what sets you 

apart from your competition. A well-crafted 

USP is critical to creating relevant and 

compelling messaging to customers. 

As an example of this fresh approach, we 

worked with a client in Maine to take a deep 

assessment of its USP and brand messaging 

that they had employed for years. With focus 

and determination to better communicate 

to their customers, together we studied the 

profile of buyers over the past two years and 

understood what motivated them to make 

a purchase. It wasn’t about the house; it was 

about the lifestyle they would enjoy in this 

unique community. 

“In the past we had paid lip service to 

lifestyle but had really sold homes with 

a big list of amenities,” says Will Honan, 

director of marketing and sales at Highland 

Green, an award-winning active lifestyle 

community in Maine. “As the economy 

declined and as the outlook and confidence 



EARN NATIONAL ASSOCIATION OF REALTORS SRES DESIGNATION 

Seniors Real Estate Specialists, or SRES, designees are realtors who are qualified to address the needs of home buyers and sellers age 50+. 

The SRES Council awards the SRES Designation to those members who have successfully completed its education program. By earning the 

SRES Designation, your realtor has demonstrated the necessary knowledge and expertise to counsel clients age 50+ through major financial 

and lifestyle transitions involved in relocating, refinancing, or selling the family home. Your SRES has received special training, gets regular 

updates, and is prepared to offer the options and information needed in making life changing decisions. 

HOMES FOR 

LIFE AWARD 

A Homes for Life 

Awards Program has 

been established in 

homage to Certified Aging-in-Place 

Specialist (CAPS) designees for 

their contributions to the industry. 

Program entries must include a series 

of “before” and “after” images 

displaying the aging-in-place/ 

accessible aspects of the remodel, as 

well as a before-and-after floor plan 

and a written summary answering 

questions based upon the designs 

implemented. Two project categories 

include Single Space (i.e., kitchen, 

sunroom, etc.) and Major Space (i.e., 

whole house or multi-room). Entry 

deadline is 7/27/12 and the award 

date is 10/12/12, in Baltimore, MD. 

Please contact Nissa Hiatt at nhiatt@ 

nahb.org or call 800 368-5242 x8451 

for info about applying. 

Note: Projects that have previously 

won are ineligible for resubmission. 

of our customers changed, we found 

ourselves and our customers in a state of 

inertia. We focused on the truly unique 

underpinnings, the ‘DNA’ of our product, 

and changed the way we market and sell. 

By focusing on our USPs of conservation 

Here, a bicyclist enjoys the outdoor “woodsy” feel 

and wide-open area, two aspects of a community 

that may be appealing to a 55+ client. 

and nature, location, neighborly ambience strength of our plan…and a home comes 

and endless possibilities, wellness, and with it. We are really selling the lifestyle 

strength and stability, we carefully wove that has attracted folks from 23 states 

those threads throughout fresh compelling and counting,” says Honan. “It’s working 

messaging.” What resulted was an increased incredibly well. Three months into our new 

interest from not only new customers, but plan, our sales started to take off, and we 

also from customers already existing in fed this excitement back into our messaging 

their database, some who had been in that and have turned inertia into momentum.” 

database for three or more years. 

Now is the time to take action on a fresh 

The new message strategy was woven approach for greater success today and for 

into print ads, postcard mailings, quarterly the predictable slow recovery ahead. If you 

newsletters, e-blasts, and themed events. do what you’ve always done, expect to get 

By continuing the USP thread through what you have always gotten. To improve 

marketing events involving residents, local your results, take the time to reveal the 

cultural and educational organizations DNA of your product. Communicate your 

along with customers, and then feeding fresh message to increase awareness and 

the event and people profiles back into attract customers interested in the lifestyle 

the messaging, Highland Green was able your unique community has to offer. I 

to generate excitement. “We now truly promise you, the rewards will follow. n 

promote our residents, the vastness of 

our campus, our nature preserve, and the 

Jane Marie O’Connor, CAASH, MIRM, CAPS, CSP, CMP, is an internationally recognized expert in 50+ housing. She is an industryspecific 

trainer and coach, and authored numerous articles for national and international publications. Jane was the lead author of NAHB’s 

Selling to the Active Adult and received the Certified Active Adult Specialist of the Year in 2011 by NAHB. She can be contacted by email at 

jane@55PlusMarketing.com or by visiting her website, www.55PlusMarketing.com. 



WRITTEN BY GEORGE YEDINAK 

The Changing Landscape 

of Senior Housing 

New Roles for Facilities, Single-Family 

Renovations Expected As Demand Grows 

Adaptability is one of the cornerstones 

of human evolution. Evolution is a 

slow process but adaptability, or the 

ability to “get by” in the short term, happens 

quickly and is reactionary. With the economy 

in a state of disarray during 2010 and 2011, 

the senior living industry and businesses 

in other areas focused on survival. But now 

we are entering a new chapter that allows 

the senior housing industry to adapt to the 

influence of politics, economics, and society. 

This concept of adaptation provides the 

foundation for long-term change versus 

radical change. Senior housing trends in 2012 

are about adapting to the current reality and 

positioning for the fiscal realities and policy 

uncertainty in the future of senior housing. 

Senior living and housing 

providers are beginning to 

experience higher levels of 

acuity (aka sickness) for their 

prospective residents. 

Acuity levels are rising because many seniors 

have delayed the entry for economic reasons, 

and they’ve become more accustomed to 

using family, technology, medicine, and 

community support to remain in their current 

environment. Higher acuity levels can lead to 

a higher cost of care, and providers may need 

to raise their costs as a result of increased risk. 

Consequently, the definition of senior care 

communities will change to accommodate 

residents needing greater care services: 

• Independent living will become 

more like assisted living. As more 

home- and community-based 

services initiatives are implemented, 

seniors living in apartment 

complexes or 55+ communities 

will see a greater level of a la carte 

services offered that will resemble 

more of an assisted living “feel” at a 

lower cost delivery as services will 

be unbundled; 

• Assisted-living facilities will function 

more like skilled nursing. While 

nursing homes will be handling the 

“sickest” seniors in the coming years 

as an alternative to hospital stays, 

the traditional model of nursing 

care will migrate to assisted living 

communities; and 

• Dedicated Alzheimer’s care facilities 

will begin to reappear in earnest 

in the next 12 to 24 months. This 

trend is similar to a period in the 

early 2000s when many dedicated 

memory-care communities were 

established. At the time, there were 

funding problems and the trend was 

somewhat ahead of its time, given 

the number of memory care patients. 

However, a decade later, the supply 

of ALZ/dementia care communities 

is low while the demand is steady 

and increasing, regardless of the 

funding issues. 

The local community 

footprint will expand with 

home- and community-based 

services. 

Migratory trends for seniors are decreasing 

as the economic effects are more devastating 

than previously imagined, which leads 

to seniors remaining in their local 

communities longer. However, the definition 

of “local community” is expanding. A local 

community used to be defined as an area 

within a radius of 10 to 15 miles; it now 

encompasses an expanded area of almost 100 

miles, based on supply, demand, and costs. 

This expanded radius is possible as 

home- and community-based services and 

networks are growing, predominantly in 

major metropolitan markets. Senior living 

communities and hospitals are partnering 

more closely to offer a full continuum of 

care as an extension of their brick-andmortar 

campuses. These marketing efforts 

are designed to ease seniors into the system 

of care, starting at home and providing 

opportunities to expose individuals to the 

levels of care and communities they’ll be able 

to choose from when it becomes necessary. 

The linkages from home health care, clinic, 

and rehab centers to assisted living and skilled 

nursing facilities will blur more as the power 

of the network of care becomes greater, and 

once in the network, individuals may find 

themselves to be “customers for life.” 

More families will look 

toward creative solutions, 

such as multi-generational 

housing. 

Concepts such as multi-generational 

housing, the Greenhouse Project, senior 

villages, co-housing, homes built with 

in-law apartments, and other communal 

living solutions will continue appearing 

and evolving as individuals and families 

learn about the costs of senior housing. 

The elderly will increasingly move in with 

their families—or each other. Each of these 

solutions provides maximum flexibility, 

but as these models become more popular, 

regulation and funding to further develop 

these alternatives may stall future growth. 

Those living in single-family homes will 

invest capital in their homes as more parents 

move in with their adult children. Using home 

office spaces, basements, attics, and other 

existing solutions will make way for more 

formal renovations, including the “granny 



apartment” as either an add-on or standalone. 

Unlike additions for bathrooms or kitchens, 

the resale value of “granny” renovation should 

be discounted greatly when considering the 

costs if given any consideration at all. Others 

may opt for pre-fab cottages or PODs as 

solutions that can be moved, stored, or resold 

when a senior needs to move to a more 

comprehensive care community. 

Renovation will be a key driver in 

adaptation for senior housing in single-family 

homes. The key will be the return on the 

investment, but given the uncertainty of the 

amount of time that an elder may live with his 

or her children, it is difficult, if not impossible, 

to have a sense of certainty with respect to 

time. The resale value of these enhancements 

or modifications will have negligible effect on 

the value of the home unlike more popular 

renovations such as kitchens and baths. 

Politicians will have 

to address the need for 

affordable assisted living. 

The good news is that the election will 

bring sobering discussions about the future 

of health care and senior care. Medicare, 

Medicaid, and other entitlement programs 

will be at the forefront of the campaign, as 

the country’s ability to pay its bills—both 

operating costs and debt service—is called 

into question. Politicians are realizing that 

the aging demographics in America are an 

economic train wreck waiting to happen 

and are identifying the problem but not 

discussing any concrete solutions. 

The greatest policy challenge yet to be 

fully addressed is the need for some type 

of affordable assisted living for low-income 

Americans. This includes solutions for 

simple services to assist with the activities 

of daily living (ADLs) and memory care. 

Even considering low-to-moderate income 

standards, will these ratios and income 

percentages be realistic (e.g., 60% of median 

area income)? Congress and state legislatures 

will need to conceptualize and develop some 

kind of inter-agency solution that bridges the 

gap between housing and care. 

As older communities begin to show their 

functional obsolescence, many senior housing 

companies will need to examine their current 

buildings and make decisions about renovating 

or starting from scratch. 

In real estate, expect a lag, a 

land rush, and potential for 

housing discrimination. 

Home prices will continue to present 

challenges for senior housing communities 

across the U.S. in 2012. As the job market 

improves slightly during 2012, the housing 

market will firm up and provide a solid 

bottom for housing prices in good markets. 

For markets that have an exorbitant amount 

of foreclosures, it will still be some time before 

those markets change. Communities will still 

have a lag factor, as many seniors who may 

want to move in will still be reluctant to sell 

their home at current market prices. Once the 

housing market recovery gains traction, there 

could be a surge in demand for independent 

living communities as capital is released after 

the sale of the home. 

Land acquisition and development will 

become critical in 2012 as competition for 

prime locations intensifies. Low financing 

rates will help make purchasing more 

palatable but put pressure on banks to 

provide construction financing. Locations 

acquired during the next 12 months will be 

the new communities starting in late 2013 

and 2014. Municipalities will need to address 

permits and application for new senior 

housing projects on these parcels as both a 

means to provide community support and as 

an attempt to increase tax revenues for their 

communities. The days of NIMBY (Not In 

My Back Yard) should start to diminish as 

residents realize the lack of supply for good 

senior housing in local communities. 

Housing discrimination against seniors 

will begin to gain national attention during 

2012. As seniors are forced to downsize and 

change their lifestyles, landlords may begin 

to show delicate signs of age discrimination. 

Rates will continue to stay 

low, but for how long? 

Rates will stay low for the balance of 2012, 

thanks to the efforts of the Federal Reserve 

and the troubles that remain with the 

European banking system. Senior housing 

providers will have a window of opportunity 

to lock in these low rates for the next 12 to 

18 months, which will give those who are 

building or renovating time to get their 

communities filled up. 

Banks will continue to loosen up their 

underwriting requirements as competition 

heats up for established owners and operators, 

and more banks will look at smaller or lessexperienced 

operators in an effort to expand 

their lending. Banks will become more 

interested in the details of the underlying 

operating model for each community 

financed, looking for functional and financial 

flexibility to change and adapt with supply 

and demand in the local marketplace. In 2012, 

regional banks will have an upper hand with 

senior housing construction financing with 

knowledge of local markets and demographic 

trends and REITs (real estate investment 

trusts), and large, national banks will provide 

the long-term financing options. REITs held 

the upper hand in the capital markets in 2011 

and will most likely remain king of the jungle 

as long as rates stay low. 

As older communities begin to show 

their functional obsolescence, many senior 

housing companies will need to examine their 

current buildings and make decisions about 

renovating or starting from scratch. The costs 

for renovation should remain less expensive 

than new construction. 



For the building industry, 

flexibility is key. 

For builders and others in the construction 

industry, senior living trends in 2012 mean 

providing as much flexibility as possible 

for consumers, developers, and architects. 

Flexibility will be required in both the 

conceptual and implementation phases of 

senior housing development, and across all 

types of senior living properties (i.e., assisted 

living, skilled nursing, independent living) 

as well as in single-family and multi-family 

housing development that may also need to 

meet the needs of seniors who choose to stay 

in their own homes. Builders should expect 

requests for project work that involves a frugal 

scenario, a moderate scenario, and a fullfeature 

scenario where choice for features is 

almost a la carte. Builders should be aware of 

heavy analysis and emphasis on costs for any 

kind of work in senior housing with a strong 

focus on determining some kind of ROI. 

Demand for new construction is growing 

but construction financing remains tight, 

and only developers and operators with a 

track record of successful projects will be 

considered. Being part of a proven team 

and having existing relationships will be 

a key success factor for growing business 

in senior housing construction in 2012 

and 2013. Developers and operators will 

be looking for builders experienced with 

senior housing projects and a history of 

developing certain classes of properties or 

specialties in assisted living, skilled nursing, 

or independent living. 

n 

George Yedinak, executive vice president of Aging Media and publisher of Senior Housing News, provides business consulting services 

throughout the United States. He previously worked for Wells Fargo (formerly Wachovia) and held a variety of senior management 

positions within Terme Bancorp Inc. George can be reached at george@yedinak.com. 


Meet the Presidents 

The Presidents 

MICHAEL McDOWELL, president of the HBAM, owns several small companies, including a construction 

company, real estate firm, and a home inspection company. Michael is a past president of the Home 

Builders Association of Western Massachusetts and was appointed to the first Massachusetts State Board 

of Home Inspectors where he still currently serves. He holds numerous licenses and certifications and is 

an educational provider for home inspectors, realtors, and contractors. One of eight children, Michael has 

been married to JoAnn for 31 years and has two children, Sean and Megan, who are both married. They 

have two grandchildren and another on the way. Michael has served his local community as the Justice of 

the Peace of Wilbraham since 1985. 

STEVE BAKER, president of the BNHBA, has been involved with the association for approximately 20 years 

and has been on the board of directors for about four years. He has also attended state board meetings. Steve 

is a partner at D.A. Baker Construction Co. Inc. where he has worked with his father Donald Baker, a former 

president of BNHBA and HBAM. The Foxboro, MA-based building and remodeling company was established in 

1959. Steve believes that membership has many important educational benefits for the company and crew, and 

ultimately the knowledge we gain is a benefit to our customers. 

RICHARD BRYANT, president of the HB&RACC, joined the Cape Associates’ team as a project manager 

in 2004 and had formerly worked with Coastal Engineering Co. Inc. in Orleans, MA, as a structural engineer. 

While working toward his Baccalaureate degree, Rich owned and managed a successful residential 

renovation business for two years. He worked for four years as a commercial fisherman and enjoyed a threeyear 

tour with the U.S. Army, serving in the Southern European Task Force with the 3/325th Airborne Battalion 

Combat Team. Rich grew up on the New Hampshire Seacoast. He met wife, Jen, from Eastham, after 

his tour in the Army Airborne. Rich and Jen have two daughters, Hannah (13) and Rachel (8). 

MARK HERLIHY was sworn in as the 45th president of the HBRACM this past November. Mark has 

served on the board of directors for many years. He has chaired, co-chaired, or participated in virtually 

every committee within the BACM and has been a valuable contributor to every charitable endeavor taken 

on by the association. Mark’s commitment to the industry is further evidenced by his recently earned 

designation of Construction Risk Insurance Specialist (CRIS). He is the VP of sales at the Herlihy Insurance 

Group, a 3rd generation family-owned business located in Worcester, MA. The company has been a 

member of, and has been very involved in, the association since 1994. Mark resides in Holden with his wife 

Geri and three children, Kate (10), Margaret (8), and Jamie (4). 


Meet the Presidents 

The Presidents 

BRUCE LIBBY, president of the HBRAWM, has been a member of the association for 35 years. He has 

served on its board of directors and has worked with Habitat for Humanity. Bruce is also the owner of 

Contemporary Structures and started its successful stair building division in 1992. He serves on the Town 

of Hampden Planning Board Storm Water Subcommittee and is a member of the board of directors of the 

Federated Community Church of Hampden. Bruce and his wife of 36 years, Janet, are lifelong residents of 

Hampden. They have two children, Jenna (29) and Stephen (27). They enjoy sailing and spending time near 

the ocean and scuba dive down in Florida and the Caribbean Islands. 

JOHN “TED” THEODORE MAHONEY III, ESQ., president of the BAGB, is also an attorney. He had been 

chairman and director for nine years of Life Resources, an adolescent treatment agency, and has been associated 

with NAHB for many years, having served as director and as a member of several committees and task forces. 

He had appeared on Peter Jennings’ show twice, as well as on local TV, and as a representative for NAHB, 

had been quoted in various newspapers such as The Wall Street Journal and The New York Times. He has been 

the recipient of many awards, including Builder of the Year-Home Builders Association of Massachusetts and 

BAGB. He put himself through college and law school and bought out his family’s Millwork business in 1998. 

CLAYTON D. MERSEREAU JR., president of NEBA, has been associated with Enterprise Bank for 18 

years, where he is presently senior vice president, director of branch administration. Clayton has been in 

the banking industry for most of his career, having started as a summer teller and gradually working his 

way to regional manager at the Cooperative Bank of Concord. He is married with two grown children and 

is an avid sport fisherman and downhill skier. Clayton enjoys photography and has developed a specialty 

side business in manufacturing custom salt water fishing plugs for fellow fishermen. 

Vision Statement 

To be an influential and financially strong association with an active and loyal membership base that is 

held in high regard by its members, potential members, and broader community. We strive to be the organization 

of choice for builders, remodelers, and those who work within and support the housing industry. 

To apply for membership, go to www.hbama.com. 


News from the BBRS 

WRITTEN BY HARRY SMITH 

HBAM Code Amendments Passed 

At its May meeting, the BBRS moved 

to have Staff take an action to issue 

a letter noting the BBRS position 

on pending legislation (with some vote 

changes) as soon as possible, according 

to the direction in the April minutes. In 

the past there have been some difficulties 

communicating the view of the Board on 

legislation that affects the building code. 

After discussion, the BBRS moved to 

promulgation 

• Thirty_Day_Action_on_Permit_ 

Homebuilders.doc and 

• Inspections_within_48_hrs_ 

Homebuilders.doc 

These were code change amendments 

submitted by the Home Builders 

Association of Massachusetts (HBAM). 

However, these changes will not take effect 

until they have been through a public 

hearing and a final vote by the board. 

After discussion, the BBRS took no 

action on 

• Chapter 51_100%_Roof_ 

Replacement_Homebuilders.doc and 

• Chapter_51_Fencing_around_ 

Construction_Scott.doc 

It was felt that more research was needed 

on these amendments. 

After discussion, the BBRS moved four 

sprinkler proposals submitted by Marshal 

Stephen Coan to a non-M.G.L. 30A public 

hearing on September 11, 2012 to allow 

the marshal and others to present only 

information not previously presented to 

the BBRS pertaining to life safety, technical 

requirements, or cost of construction of 

sprinklers in one- or two-family dwellings. 

• Appendix_115BB_Stretch_ 

Sprinklers_Coan.doc (the same as 

recently defeated) 

• Chapter_51_Sprinklers_7500_sq_ 

ft_only_Coan.doc 

• Chapter_51_Sprinklers_2015_ 

Coan.doc 

• 16_Chapter_51_Sprinklers_ 

Area_&_Dates_Coan.doc 

It is not clear to me what “new” evidence 

might be available at this late date, but 

the marshal has no qualms about wasting 

the time of the BBRS. I mean how many 

times can he be told no? Why doesn’t the 

Massachusetts fire lobby address the real 

problem: older housing stock? Instead, they 

go after new one- and two-family housing, 

which is not where the vast majority of the 

problems occur. 

This reminds me of an investigative 

report published in the Chicago Tribune 

and picked up in an editorial review in 

The New York Times. The report regards a 

scandal about the National Association of 

State Fire Marshals in matters concerning 

the advancement of fire retardant 

chemicals in furniture. Apparently the 

scandal traces back to the tobacco industry 

due to reports several years ago of people 

dying in fires caused by un-extinguished 

cigarettes. Rather than impose controls 

on cigarettes, causing them to extinguish 

themselves rather than continue burning, 

the cigarette companies promoted the use 

of fire retardants. In other words, rather 

than regulate the source of the fire, they 

sought to control the rate of burn that 

results from a fire once started. Studies and 

reports funded by the National Association 

of State Fire Marshals have been found 

to be rigged: Data was manipulated and 

testimony was intentionally distorted in 

order to tug at human emotion and fear. We 

have recently seen evidence of these types 

of tactics that were used in the emotionally 

charged advertising published in this state. 

One can’t help but wonder 

1. Does this investigative report 

show that the fire safety lobby 

is too easily influenced by 

certain industry sectors? 

2. Does this prove that the fire 

safety lobby plays unfairly with 

trumped-up images of human 

tragedy to further its agenda? 

3. Is the fire safety lobby 

characteristically blinded to 

good science and policy in all 

matters regarding fire? 

After background checks, and review 

of two separate small business impact 

statements, the BBRS approved 

• SBIS- floor fire protection_ 

approved.doc and 

• SBIS- Temp Overnight Shelter_ 

approved.doc 

The under floor fire protection 

amendment has cleared all the hurdles and 

will become code imminently; however, 

there will be discussion at the June meeting 

to see if there should be a concurrency 

period for this amendment. 

Finally, as you know, the IECC 2012 is 

required by statute to be adopted by the 

BBRS within one year of being published. 

However, it probably won’t become code 

until October of this year, at the earliest. n 

Harry Smith, owner and operator of a successful building and remodeling business, has more than 40 years’ experience in the construction 

industry. He has been active in the building inspection and consulting services fields as well as in his local NAHB chapter of the Builders 

Association of Greater Boston. Harry has received many building-related accolades over the years and presently sits on the BBRS State 

Building Code Appeals Board. 


HBAMA Summer Calendar 2012 

For updates to the existing calendar, or for new upcoming events, 

please visit separate websites for each of the six chapters. 

Builders Association of Central MA (BACM) • Builders Association of Greater Boston (BAGB) 

Bristol Norfolk Home Builders Association (BNHBA) • Home Builders and Remodelers Association of Western MA (HBAWM) 

Home Builders & Remodelers Association of Cape Cod (HB&RACC) • North East Builders Association (NEBA) 

JULY 

(BAGB) Membership Committee Meeting 

July 2 12-2pm BAGB Office, 700 Congress St., Suite 202, 

Quincy, MA 

(BAGB) Green Council Meeting 

July 3 12-2pm BAGB Office 

(BAGB) Education Committee 


(BAGB) Executive Committee Meeting 

July 10 3:30-6pm BAGB Office 

(BAGB) Board of Directors Meeting 


(BAGB) Greater Boston Home Tour Committee Meeting 

July 11 11am-1pm BAGB Office 

(HBRAWM) CSL Preparation Course, class 1of 6 

July 11 5:30-8:30pm 

HBRAWM Office, 240 Cadwell Dr., Springfield, MA 

Class meets Wednesdays through August 15. 

Pizza & soda will be served at 5 pm, free of charge. 

Instructor: Michael McDowell 

Cost: $250 for HBRAWM members and $350 for non-members 

(BNHBA) Board of Directors Meeting 

July 18 5:30pm BNHBA Office, 65 Neponset Ave., Suite 3, 

Foxboro, MA 

AUGUST 


August 1 11am-1pm BAGB Office 

(BAGB) Education Committee Monthly Meeting 

August 2 12-2pm BAGB Office 



AUGUST (CONTINUED) 


August 14 3:30-6pm BAGB Office 

(BNHBA) BNHBA Annual Golf Tournament 

August 14 7:30am Poquoy Brook Golf Club, 20 Leonard St., 

Lakeville, MA 



(NEBA) Spinners’ Night 

August 16 6-10pm LeLacheur Park, 450 Aiken St., Lowell, MA 

SEPTEMBER 


September 5 11am-1pm BAGB Office 

(BAGB) Education Committee Meeting 

September 6 12-2 Via conference call (check access no.) 


September 10 12-2pm Via conference call (check access no.) 


September 11 3:30-6pm BAGB Office 


September 11 6-8pm BAGB Office 

(BAGB) Ferguson Greater Boston Home Tour - 

Opening Ceremonies 

September 20 5:30-9pm 

(BAGB) Ferguson Greater Boston Home Tour 

September 22-23 and September 29-30 

(NEBA) Installation Banquet 

September 27 6-10pm Andover Country Club, 60 Canterbury 

St., Andover, MA 


The Finish Nail 

WRITTEN BY PAUL MORIN 

A ‘Temp’eramental Building Inspector 

Building inspectors are a 

misunderstood group. I know, I was 

one of them…for two weeks. “Only 

two weeks?” you might ask. “Two whole 

weeks,” I would answer. Two weeks of selfdiscovery 

and illumination. 

It happened when our selectmen handed 

our local code dude an unpaid vacation 

over some flap about a junk yard. Faced 

with an unthinkable exposure to shoddy 

work, the town pressed me into action 

as a “temp.” I resisted at first. I felt like an 

afterthought. But when they handed me the 

clipboard, I discovered something I liked 

very much: authority. 

First stop, a rough frame inspection. 

There was no one around, which was fine 

with me. An inspector’s job is to notice 

stuff, and you need quiet for that. I notice 

things all the time, things you might miss 

like the anagram of “government affairs” 

is “men of vinegar farts.” Yes, I notice 

stuff, and I noticed plenty wrong with this 

frame, so out came the clipboard. “Beam 

undersized, add columns. Double up jacks 

below header,” and so on. My notes became 

lengthy. Pretty soon, I had filled an entire 

page and hadn’t even hit the second floor. So 

I crossed everything out and simply wrote, 

“Your house will surely fall down; call me.” 

Next stop, a foundation. The forms were 

removed and the concrete walls had a fresh 

tar coating. I skidded down into the trench 

for a closer look, lost my balance, and landed 

against the wall, the one with the fresh tar. It 

was on my free hand, my jacket, my pants, 

and my hair. So with clipboard in one hand 

and hot tar all over me, I tried to duck-walk 

back up the slope. That didn’t work so I had 

to crawl out on knees and elbows. Then the 

contractor showed up. “I’ll pass you if you 

give me a gasoline-soaked rag and we never 

speak of this,” I told him. He just smirked. I 

lined my truck seat with some Tyvek that I 

fished out of his dumpster and drove off in 

a foul mood. 

Each day was a different version of the 

same theme. I had a new electrical service 

to inspect, but I don’t know the first 

thing about wiring. With the homeowner 

watching me, I did what any of you would 

have done in my situation: I stared at it. I 

made little noises like “mmm-hmm” and 

peered closely. Not knowing what else 

to say, I grunted, “Looks good,” and the 

homeowner smiled. “That’s great,” he said, 

“because the electrician was worried when 

he had to leave before finishing it.” “Of 

course, of course.” I backpedaled. “What 

he’s done so far looks good. Call me when 

he’s completely done, and we’ll take another 

look.” I was feeling inadequate. 

I passed a bed-bottom inspection for a 

new septic system, unaware that the hole 

was actually for a detached garage. The 

septic was around back. I climbed a ladder 

where some roofers were finishing a job. As 

I reached the top, I told the lead man that 

the ladder was dangerous with some of the 

rungs missing. “So why the heck did you 

climb up it then?” he shot back. I had no 

good answer. On my way home, I noticed 

an unauthorized structure underway, so 

I pulled over to investigate. “Where’s your 

permit for this building?” I asked the wouldbe 

occupant. He just stared at me. “Do you 

realize that I have an obligation to ensure 

you and this entire town are safe from the 

hazards of faulty construction? Don’t you 

know that there is imminent danger unless 

you correctly engineer and design this, this, 

tree house?” “But I’m only eleven years old,” 

he answered. I wrote him up. 

By the last day of this little adventure, I 

wasn’t taking any nonsense. I made a final 

inspection of a remodel. All seemed to 

be in order until I noticed a rectangular 

hole in a wall for an unfinished cable box. 

I smelled a rat. Sticking my hand into the 

hole, I discovered the wire was running 

outside the building under the vinyl siding. 

“Ah ah!” I traced my fingers along the wire 

to where it poked through the vinyl, felt a 

little pressure, and then “pop”: my finger 

poked through. Now, you may not know as 

I now know that when you push your finger 

through a vinyl siding seam from the back, 

you can’t withdraw it without tearing off all 

of your flesh. I was stuck. It was an hour 

before someone showed up and got me free. 

I had one last inspection to make. I 

knocked on the door of a modest farmhouse, 

which was answered by a pleasant woman 

with two young children in tow. “Hi, listen. 

I have to make this fast, and I’ll need to 

borrow your flashlight,” I said. She gave 

me a blank look. “Oh come, come. I really 

need to get this done so if it’s not a bother, 

please fetch me a flashlight and show me to 

the garage.” The two children behind her 

stopped playing to see who this strange 

man was. “You do want me to look at your 

garage, don’t you?” I sneered. She handed 

me the flashlight and gathered her kids. 

“So, where is it?” I huffed. “Where is what?” 

she replied carefully, pulling her children 

in closer. “The new garage, woman, the 

new garage. I am here to inspect it!” “Do 

you mean the one across the street at the 

neighbor’s?” she stammered. Pausing only 

for a moment, I shook the flashlight as 

though to check for batteries, turned it on 

and off a couple of times, handed it back to 

her and fled. 

So, yeah, I notice things. I notice that 

standing in another man’s shoes is exactly 

what it implies: putting your feet where 

they don’t belong. I also notice that the 

anagram for my own name is “urinal mop.” 

Good grief. 

n 

Paul Morin is the president of Tarkka Homes Inc. in Weare, NH, and a partner in The Abacus Group, a lobbying and consulting firm in Manchester, 

NH. In 2009, he was the first residential builder to receive the New Hampshire Construction Industry Ethics Award. 



12 | SUMMER 20 1 | W.GRANITESTATEBUILDER.COM 


RIGHT-SIZING DUE 

TO THE RECESSION 

An NAHB study indicated that homebuyers would 

What a difference five years make! According to a agree to pay on average $6,000 more for a new home 

study by the American Institute of Architects (AIA), if the home allowed them to save $1,000 per year more 

“A severe housing recession, concern over rising home on energy costs. Similarly, a Better Homes and Gardens 

energy costs, and changing lifestyles have all increased study reported that 91% of consumers want their homes 

interest in smaller homes that are designed to reflect to have energy-efficient heating and cooling systems. 

the changing lifestyles of households.” 

Right-sizing and smart spending seem to go handin-hand, 

as 54.6% of participants in a recent NAHB A study by Harvard’s Joint Center for Housing 

INCREASE IN REMODELING 

study indicated that it was important to get the most Studies states that “deferred maintenance, distressed 

value for every dollar spent on the products they buy. properties in need of renovation, decreased household 

The study also noted that affordability and value were mobility, and baby boomers retrofitting their homes so 

top priorities for homebuyers and homeowners, and they can live in them as they age, all support strong 

consumers were willing to purchase smaller homes remodeling growth in 2011 and beyond.” This is good 

that contained fewer luxuries. 

news for builders, remodelers, contractors, and the 

Baby boomers are also downsizing, either for manufacturers of home products. 

practical reasons (no need for multiple bedrooms or Baby boomers are one group pursuing remodeling 

large yards) or for financial reasons, or both. 

in a big way. They want a custom look for smaller 

Some consumers have chosen to purchase a bargain spaces with little or no maintenance. They also seek 


ome ownership is still part of the American and adapt it to meet their needs. Many others are 

dream, but the homes we desire are now moving remodeling their existing homes. 

in the right direction concerning size. Buyers are 

beginning to value quality over size. From 1950 to 2000, SMALL HOMES 

the size of the average American house increased by ARE GREENER 

230%, while the number of people living in such homes Another contributing factor to the trend for looking 

fell 23%. Homes continued to grow until 2007, when for smaller spaces is environmental awareness. 

the trend ended rather abruptly. Industry data clearly Consumers’ lives are becoming more environmentally 

indicates that homes have gotten smaller and more friendly. More people are carpooling, recycling, and 

efficient. Baby boomers are remodeling their old homes, buying organic. They also are looking at ways to make 

while others are moving into smaller ones. Eco-conscious their homes more energy-efficient. Smaller spaces take 

“millennials”—those between ages 20 and 30—are less energy to heat and cool and are less expensive to 

seeking smaller houses. A recent survey by the National operate overall. NAHB projections indicate that new 

Association of Home Builders (NAHB) indicates that single family homes will have more green features, 

by 2015, the average home will be about 2,000 to 2,399 such as energy efficiency and use of recycled materials, 

square feet. Most of us have lived in a dorm or apartment and will also have more technology features. 

at some point in our lives, so we know that a family can 

live comfortably in a home that is less than 3,000 sq ft, 

especially if that space is well-designed. 

An NAHB study indicated that homebuyers 

As noted, many Americans are also once again seeing 

the benefits of remodeling, whether it’s renovating an would agree to pay on average $6,000 more 

existing home, or saving money by purchasing a “fixerupper.” 

Here are some observations about these new for a new home if the home allowed them to 

trends and what they mean for today’s builders. save $1,000 per year more on energy costs. 

GSBSu11-12_15-LivingLarge_FNL.indd 13 

14 | SUMMER 20 1 | WWW.GRANITESTATEBUILDER.COM 

new purposes for unused spaces. A former child’s 

r om may be transformed into a home office or art 

studio. Remodeling Magazine notes that “b omers” 

want practical transformations; they are l oking for 

sensible spaces for thei retirement years and are ready 

to invest in them. They also want products that are 

durable and of g od quality—whether that item is a 

high-performance toilet or a we l-made sofa. 

Gated McMansions are giving way to the sma ler 

white-picket-fenced homes of th early 20th century. 

The homes of our grandchildren wi l have the solid 

charm of our grandparents’ homes, except they wi l 

have valuable upgrades. 

UPGRADES AND G OD 

DESIGN HAVE IMPACT 

Sma l spaces, like sma luxury cars, rely on upgraded 

materials to provide comfort and to make themselves 

stand out in a crowded marketplace. Potential buyers 

often view multiple listings within a neighborh od or 

condominium complex, so investing in the details to 

make a home unique can be worthwhile. Often, the fl or 

plans that stand out are the ones that have differentiated 

themselves wit high-quality materials. Making the 

right impre sion can result in a mor expedited sales 

contract, which means fewer months of utilities, taxes, 

mortgages, maintenance, and HOA dues. 

A pealing sma l homes can be likened to luxury 

hotel suites—efficiently laid out, we l-a pointed, 

and fi led with amenities. Fo lowing ar examples of 

relatively simple upgrades that can make a significant 

difference in a home’s comfort, value, and salability. 

A cording to Consumer Reports, nearly 30% of the 

121 mi lion adults who recently completed a homeimprovement 

project were involved a bathr om 

remodel. An ongoing trend among remodelers is to 

rip out an existing bathtub and replace it with a gla s 

shower enclosure. This fr es up r om and helps make a 

small space f e larger. 

Wide plank fl oring, special tile work, and systems 

that provide the l ok of coffered ceilings can also refine 

a sma l space, a ding quality and improving value. 

Sarah Susanka, architect and best-se ling author of 

The Not So Big b oks, says, “A lowing rooms to be open 

and more fluent makes them s em larger and more 

a pealing.” Thus, many sma l homes favor the openconcept 

fl or plan, allowing cooking, dining, and 

living spaces to flow togethe rather than cho ping up 

a home into sma l r oms. 

Interior designers are also recommending that 

homeowners purchase multi-functional pieces, ones 

that might combine storage with seating, for example. 

They can provide comfort and help reduce clu ter at the 

same time. 

With a l the changes, one thing remains certain: 

Homeowner sti l n ed builders to help them adapt 

to this new reality. Whether people are remodeling, 

downsizing, or building the “right-size” sma ler home, 

the skills of builders, architects, an designers wi l sti l 

be invaluable in helping today’s homeowners achieve 

the home that’s right for them. n 

Steve Kleber is the president of Kleber & A sociates (K&A), a fu l-service marketing agency that specializes 

in the home and building cha nel. He is the president of the National Remodeling Foundation and a past 

president of the National Kitchen & Bath A sociation’s Center for Kitchen and Bath Education and Research. 

Kleber is a frequent speaker consumer behavior and trends at a variety of key industry events, and a 

contributor to noted industry publications. 

WWW.GRANITESTATEBUILDER.COM | SUMMER 2011 | 13 

5/23/11 7:31 PM 

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WRITTEN BY STEVE KLEBER 

GSBSu11-12_15-LivingLarge_FNL.indd 12 5/23/ 1 8:06 PM 

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GSBSu 1-12_15-LivingLarge_FNL.in d 14 5/23/11 7:31 PM 

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