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8411_ZONING AMENDMENT - INCLUSIONARY ZONING - PLANNING BOARD $�I �� ZUhinG �YI'�C�'1�f'�12R� �ncl�s��va � ���� o�� 9 Town of Agawam y' 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927. SATED MA MEMO TO: Planning Board FROM: Stephanie Smith, Intern, Planning and Community Development DATE: January 24, 2006 RE: February 2, 2006 Planning Board Meeting The following materials are attached for review before the February 2, 2006 Planning Board meeting: Draft Open Spabe-Residential Development (OSRD) Bylaw, Draft Inclusionary Zoning Bylaw, Draft Right-to-Farm Bylaw, an Analysis of Agricultural Uses in Agawam, and the Retail Shopping Center Amendment. There arc two methods for providing for affordable housing in Agawam, either by drafting a separate bylaw far affordable housing or by adding a section to the OSRD Bylaw that requires a certain percentage of new developments to be affordable. These should also be discussed at this meeting. If you have any questions prior to the meeting, please contact me at 786-0400 ext. 246. Page 1 of 1 Town of Agawam Planning Department From: Twarog, Eric [ETwarog@PVPC.ORGj Sent: Monday, January 23, 2006 1:34 PM To: 'Town of Agawam Planning Department' Subject: Feb 2, 2006 PB Mtg Good Morning Deborah: Please find attached copies of: 1) Draft Inclusionary Zoning Bylaw, 2) Draft Open Space Residential Development (OSRD) Bylaw, 3) Draft Right-to-Farm Bylaw, and 4)an Analysis of Agricultural Uses in Agawam. I wanted to send these out to you for review by the Planning Board and yourself prior to the February 2, 2006 Planning Board meeting. There will not be time at the meeting to review all of these proposed bylaws. I would like to start the review of the OSRD bylaw if that works for you and the Planning Board. Under the approved Scope of Work for this Smart Growth Technical Assistance Grant, we are to work on an Inclusionary Zoning Bylaw for affordable housing in Agawam. There are two primary ways to accomplish this. One way is to draft a separate bylaw to provide for affordable housing (see attached draft Inclusionary Housing Bylaw), and another way is to add a section in the Open Space Residential Development bylaw that requires a certain percentage of new developments to be"affordable" (see attached draft OSRD Bylaw). The Planning Board should consider which method it wants to use to provide for affordable in the Town of Agawam. If there is anything else you need prior to the February 2, 2006 meeting, don't hesitate to contact me. Eric Eric Twarog, AICP, Senior Planner Pioneer Valley Planning Commission 26 Central Street West Springfield, MA 01089-2787 Tel: (413) 781-6045 Fax: (413)732-2593 etwarog@p_vpc.org www.pvpc.org 1/24/2006 r DRAFT INCLUSIONARY ZONING BYLAW TOWN OF AGAWAM Prepared by the Pioneer Valley Planning Commission 12/06/05 SECTION 1.0 — INCLUSIONARY ZONING 1.1 Purpose and Intent: The purpose of this bylaw is to encourage development of new housing that is affordable to low and moderate-income households. At minimum, affordable housing produced through this regulation should be in compliance with the requirements set forth in M.G.L. ch. 40B sect. 20- 24 and other affordable housing programs developed by state, county and local government. It is intended that the affordable housing units that result from this bylaw be considered as Local Initiative Units, in compliance with the requirements for the same as specified by the Department of Housing and Community Development. Definitions for affordable housing unit and eligible household can be found in the Definitions Section. 1.2 Applicability: In all zoning districts, the inclusionary zoning provisions of this section shall apply to the following uses: (1) Any project that results in a net increase of ten (10) or more dwelling units, whether by new construction or by the alteration, expansion, reconstruction, or change of existing residential or non-residential space; (2) Any subdivision of land for development of ten (10) or more dwelling units; and (3) Any elderly persons and/or handicapped persons housing development that includes ten (10) or more dwelling units and accompanying services. 1.3 Mandatory Provision of Affordable Units: As a condition of approval for a Subdivision or Special Permit, the applicant shall contribute to the local stock of affordable units in accordance with the following requirements. At least ten (10) percent of the units in a division of land or multiple unit development subject to this bylaw shall be established as affordable housing units in any one or combination of methods provided for below: (1) Constructed or rehabilitated on the locus subject to Subdivision or Special Permit approval (see Section 1.4); or (2) Constructed or rehabilitated on a locus different than the one subject to Subdivision or Special Permit approval (see Section 1.5); or (3) An equivalent fees-in-lieu of payment may be made (see Section 1.6); or (4) An applicant may offer, and the Planning Board may accept, donations of land in fee simple, on or off-site, that the Planning Board in its sole discretion determines are suitable for the construction of affordable housing units. The value of donated land shall be equal to or Page 1 of 4 greater than the value of the construction or set-aside of the affordable units. The Planning Board may require, prior to accepting land as satisfaction of the requirements of this bylaw, that the applicant submit appraisals of the land in question, as well as other data relevant to the determination of equivalent value. The applicant may offer, and the Planning Board may accept, any combination of the Section 1.3(1)-(4) requirements provided that in no event shall the total number of units or land area provided be less than the equivalent number or value of affordable units required by this bylaw. 1.4 Provisions Applicable to Affordable Housing Units On- and Off-Site: (1) Siting of affordable units. All affordable units constructed or rehabilitated under this bylaw shall be situated within the development so as not to be in less desirable locations than market rate units in the development and shall, on average, be no less accessible to public amenities, such as open space, as the market-rate units. (2) Minimum design and construction standards for affordable units. Affordable housing units shall be integrated with the rest of the development and shall be compatible in design, appearance, construction, and quality of materials with other units. Interior features and mechanical systems of affordable units shall conform to the same specifications as apply to market-rate units. (3) Timing of construction or provision of affordable units or lots. Where feasible, affordable housing units shall be provided coincident to the development of market-rate units, but in no event shall the development of affordable units be delayed beyond the schedule noted below: Market-rate Unit Affordable Housing Unit Complete) % Re uired < 30% -- 30% plus 1 unit 10% Up to 50% 30% Up to 75% 50% 75% plus 1 unit 70% Up to 90% 100% (4) Marketing Plan for Affordable Units. Applicants under this bylaw shall submit a marketing plan or other method approved by the Town through its local comprehensive plan or Community Development Plan, to the Planning Board for its approval, which describes how the affordable units will be marketed to potential home buyers or tenants. This plan shall include a description of the lottery or other process to be used for selecting buyers or tenants. 1.5 Provision of Affordable Housing Units Off-Site: As an alternative to the requirements of Section 1.4, an applicant subject to this bylaw may develop, construct or otherwise provide affordable units equivalent to those required by Section 1.4 off-site. All requirements of this bylaw that apply to on-site provision of affordable units, shall apply to the provision of off-site affordable units. In addition, the location of the off-site units to be provided shall be approved by the Planning Board as an integral element of the review and approval process. Page 2 of 4 1.6 Fees-in-Lieu-of Affordable Housing Unit Provision: As an alternative to the requirements of Section 1.4 or Section 1.5, an applicant may contribute to an established local housing trust fund to be used for the development of affordable housing in lieu of constructing and offering affordable units within the locus of the proposed development or at an off-site locus. (1) Calculation of fee-in-lieu-of units. The applicant for development subject to this bylaw may pay fees-in-lieu of the construction of affordable units. For the purposes of this bylaw the fee-in-lieu of the construction or provision of affordable units will be determined as a per-unit cost as calculated from regional construction and sales reports. The Planning Board shall make the final determination of acceptable value. (2) Schedule of fees-in-lieu-of-units payments. Fees-in-lieu-of-units payments shall be made according to the schedule set forth in Section 1.4(3), above. (3) Creation of Affordable Units. Cash contributions and donations of land and/or buildings made to the Town or its Housing Trust in accordance with Section 1.6 shall be used only for purposes of providing affordable housing for low or moderate income households. Using these contributions and donations, affordable housing may be provided through a variety of means, including but not limited to the provision of favorable financing terms, subsidized prices for purchase of sites, or affordable units within larger developments. 1.7 Maximum Incomes and Selling Prices, Initial Sale: (1) To ensure that only eligible households purchase affordable housing units, the purchaser of an affordable unit shall be required to submit copies of the last three years' federal and state income tax returns and certify, in writing and prior to transfer of title, to the developer of the housing units or his/her agent, and within thirty (30) days following transfer of title, to the local housing trust, community development corporation, housing authority or other agency as established by the Town, that his/her or their family's annual income level does not exceed the maximum level as established by the Commonwealth's Department of Housing and Community Development, and as may be revised from time to time. (2) The maximum housing cost for affordable units created under this bylaw is as established by the Commonwealth's Department of Housing and Community Development, Local Initiative Program or as revised by the Town. 1.8 Preservation of Affordability; Restrictions on Resale: Each affordable unit created in accordance with this bylaw shall have limitations governing its resale. The purpose of these limitations is to preserve the long-term affordability of the unit and to ensure its continued availability for affordable income households. The resale controls shall be established through a restriction on the property and shall be in force in perpetuity. (1) Resale price. Sales beyond the initial sale to a qualified affordable income purchaser shall include the initial discount rate between the sale price and the unit's appraised value at the time of resale. This percentage shall be recorded as part of the restriction on the property noted above. Page 3 of 4 (2) Right of first refusal to purchase. The purchaser of an affordable housing unit developed as a result of this bylaw shall agree to execute a deed rider prepared by the Town, consistent with model riders prepared by Department of Housing and Community Development, granting, among other things, the municipality's right of first refusal to purchase the property in the event that a subsequent qualified purchaser cannot be located. (3) The Planning Board shall require, as a condition for approval under this bylaw, that the applicant comply with the mandatory set-asides and accompanying restrictions on affordability, including the execution of the deed rider noted above. The Building Inspector shall not issue an occupancy permit for any affordable unit until the deed restriction is recorded. 1.9 Conflict with Other Laws The provisions of this bylaw shall be considered supplemental of existing zoning bylaws. To the extent that a conflict exists between this bylaw and others, the more restrictive bylaw, or provisions therein, shall apply. 1.10 Severability If any provision of this bylaw is held invalid by a court of competent jurisdiction, the remainder of the bylaw shall not be affected thereby. The invalidity of any section or sections or parts of any section or sections of this bylaw shall not affect the validity of the remainder of the town's zoning bylaw. Page 4 of 4 f , �� '� ' •.�.,v^^y V r�� I Planning Office From: owner-massplanners@cs.umb.edu on behalf of Richard Harris [pianningsh@southhadley.org] Sent: Friday, March 03, 2006 10:21 AM To: massplanners Subject: [massplanners] Inclusionary Bylaw Good Morning, I have drafted a bylaw, using a few as examples. But, I am not thrilled with it. I also need to indicate other communities that have such bylaws. Therefore', could those of you who have such a bylaw, either email me your bylaw or. provide a link to the bylaw on line? Thanks. Sincerely, Richard Harris, AICP South Hadley Town Planner ------------------------- This mail was sent to the massplanners internet mailing list, massplannersocs.umb.edu Please use massplanners-request@cs.umb.edu for. all messages about list administration. To unsubscribe, send mail to massplanners-request@cs.umb.edu with body consisting of the word unsubscribe For detailed help, send mail to massplanners-request@cs.umb.edu with body consisting of the word help 1 - planning Office From: Town of Agawam Planning Department [plan ning@agawam.ma.us] Sent: Thursday, February 09, 2006 3:02 PM To: Stephanie Smith Subject: FIN: [massplanners] Inclusionary Zoning -----Original Message----- From: owner-massplanners@cs.umb.edu [mailto:owner-massplanners@cs.umb.edu] On Behalf Of Twarog, Eric Sent: Tuesday, February 07, 2006 12:15 PM To: massplanners@cs.umb.edu Subject: [massplanners] Inclusionary Zoning Good Afternoon All: I am currently assisting 5 communities in the Pioneer valley Region with drafting inclusionary zoning bylaws as part of a regional Smart Growth Technical Assistance grant. Every inclusionary zoning bylaw that I have reviewed requires the issuance of a Special Permit for affordable housing developments. The provisions for each bylaw I reviewed including the state's Model Bylaw in the Smart Growth Toolkit relative to applicability varies but most require a certain percentage of residential developments of say 10 units or 10 lots to be affordable. This includes a conventional subdivision creating 10 or more lots. In all of these communities, conventional subdivisions are allowed by right. The inclusionary bylaw now requires that 10 percent of the development must be affordable and the only way to approve such a development under the inclusionary bylaw is by the issuance of a Special Permit. So, in effect, the community is now saying that all conventional subdivisions of 10 or more lots as in this example require a Special Permit. Is anyone aware of an inclusionary zoning bylaw that requires the creation of affordable units or provides provisions for density bonuses for the inclusion of affordable units without invoking the Special Permit process? Is there a" difference in legal requirements (special permit v. no special permit) of an inclusionary zoning bylaw that mandates the inclusion of affordable units and an inclusionary zoning bylaw that provides incentives for the creation of affordable units? I did follow the discussion recently on massplanners on inclusionary zoning but did not see anything relative to my question. Thank you for any input you can provide. Eric Eric Twarog, AICP, Senior Planner Pioneer Valley Planning Commission 26 Central Street West Springfield, MA 01089-2787 Tel: (413) 781-6045 1 • Fax: (413) 732-2593 r r etwarog@pvpc.org <mailto:etwarog@pvpc.org> www.pvpc.org <http://www.pvpc.org> ------------------------- This mail was sent to the massplanners internet mailing list, massplanners@cs.umb.edu Please use massplanners-request@cs.umb.edu for all messages about list administration. To unsubscribe, send mail to massplanners-request@cs.umb.edu with body consisting of the word unsubscribe For detailed help, send mail to massplanners-request@cs.umb.edu with body consisting of the word help 2 f . Planning Office From: Town of Agawam Planning Department [plan ning@agawam.ma.us] Sent: Thursday, February 09, 2006 12:08 PM To: Stephanie Smith Subject: FW: [massplanners] Inclusionary Zoning Guidelines -----Original Message----- From: owner-massplanners@cs.umb.edu [mailto:owner-massplanners@cs.umb.edu] On Behalf Of Diana Krauth Sent: Thursday, February 02, 2006 12:26 PM To: Scott Schilt; massplanners@cs.umb.edu Subject: Re: (massplanners) Inclusionary Zoning Guidelines You may want to give Steve Wallace, at Central Mass. Regional Planning in Worcester, a call. He' s worked on several inclusionary housing bylaws. He will also be presenting a workshop on this topic at the CPTC annual conference, March 18 in Worcester. Check the website for complete details: www.umass.edu/masscptc. Diana Krauth UMass Extension Educator Citizen Planner Training Collaborative 302 Hills North, Amherst, MA 01003 Phone: 413-545-2188 www.umass.edu/masscptc ----- Original Message From: "Scott Schilt" <sschilt@ci.lexington.ma.us> To: <massplanners@cs.umb.edu> Sent: Wednesday, February 01, 2006 11:38 AM Subject: [massplanners] Inclusionary Zoning Guidelines > The Town of Lexington is looking to adopt an Inclusionary Housing By-Law > at TM this year. For those communities with Inclusionary Zoning > regulations, we are curious as to how you address requirements/guidelines > for monitoring and administration? Of key interest are requirements for > definition of "first time buyers, " asset limits, resale > restrictions/oversight, maximum resale price calculations, and who does > the monitoring (town staff? consultants?) . Any links to your by-law or > attachments of guidelines to review would be appreciated. > k > Also, we're curious to know of any communities that do not provide any > form of a give back to the developers for the IZ units? > > Thanks in advance for' the insight. . . > > Scott W. Schilt, AICP > Senior Planner > Town of Lexington > 1625 Massachusetts Avenue > Lexington, MA 02420 > (781) 862-0500 ext. 246 1 /> > ------------------------- > This mail was sent to the massplanners internet mailing list, > massplanners@cs.umb.edu Please use massplanners-request@cs.umb.edu for > all messages about list administration. > To unsubscribe, send mail to massplanners-request@cs.umb.edu > with body consisting of the word unsubscribe > For detailed help, send mail to massplanners-request@cs.umb.edu > with body consisting of the word help ------------------------- This mail was sent to the massplanners internet mailing list, massplanners@cs.umb.edu Please use massplanners-request@cs.umb.edu for all messages about list administration. To unsubscribe, send mail to massplanners-request@cs.umb.edu with body consisting of the word unsubscribe For detailed help, send mail to massplanners-request@cs.umb.edu with body consisting of the word help 2 .f Planning Office From: Town of Agawam Planning Department[planning@agawam.ma.us] Sent: Thursday, February 09, 2006 12:07 PM To: Stephanie Smith Subject: FW: [massplanners] Inclusionary Zoning Guidelines -----Original Message----- From: owner-massplanners@cs.umb.edu [mailto:owner-massplanners@cs.umb.edu] On Behalf Of Nipun Jain Sent: Wednesday, February 01, 2006 6:35 PM To: Kathleen B. Bartolini; rickb@ci.wellesley.ma.us; massplanners@cs.umb.edu Subject: RE: [massplanners] Inclusionary Zoning Guidelines I agree with Roland and Kathleen. As planners, we have to be cognizant of the market forces as well. The developer is in the business of making profit and if the local regs can offer realistic incentives in return for providing affordable units, it more likely to be accepted by the development community. when single family homes are selling for upward of $500k, asking the developer to discount the price to $200k-$300k just does not make economic sense unless a critical density is allowed on the parcel. In some situations, the carrot and stick approach works better than a mandated requirement. Not all sites are conducive for housing development and when trying to balance environmental resources, neighborhood character, traffic, infrastructure availability with requiring affordable housing, it may make more sense to negotiate for a desirable site plan vs requiring affordable housing. Nipun Jain Planner, Amesbury -----Original Message----- From: owner-massplanners@cs.umb.edu [mailto:owner-massplanners@cs.umb.edu] On Behalf Of Kathleen B. Bartolini Sent: Wednesday, February 01, 2006 4 :56 PM To: rickb@ci.wellesley.ma.us; massplanners@cs.umb.edu Subject: RE: [massplanners] Inclusionary Zoning Guidelines Personally I agree with Roland, albeit Framingham passed an inclusionary bylaw last spring. A developer got up at the hearing and asked why it is his responsibility to provide affordable housing as opposed to the government. Then he pointed out that, a lot people can not afford a car or a reliable car. Do we ask car dealers to sell a certain W of the cars at discounted rates and charge more to others to underwrite that discount? What's the difference? The market based programs only work when the market is hot. Thus we have fits and starts to our housing production and more so with affordable units dependent upon market rate production. When Mass. And HUD had good solid deep pocket construction loans we produced tons more affordable units than we are now. The market rate project takes 2 years to get permitted and it may only result in 4-10 affordable units. Give me those good old days. -----Original Message----- From: owner-massplanners@cs.umb.edu [mailto:owner-massplanners@cs.umb.edu] On Behalf Of Rick Brown Sent: Wednesday, February 01, 2006 3 :55 PM To: massplanners@cs.umb.edu Subject: RE: [massplanners] Inclusionary Zoning Guidelines Granted they're not built yet but we have 13 units in the pipeline from two projects. Rick Brown Planning Director When responding, please be advised that the Town of Wellesley and the Office of the 1 Secretary of State has determined that email could be considered a public record. -- --Original Message----- From: owner-massplanners@cs.umb.edu [mailto:owner-massplanners@cs.umb.edu]On Behalf Of Roland Bartl Sent: Wednesday, February 01, 2006 2 :41 PM To: Susan M. Leven, AICP; Scott Schilt; massplanners@cs.umb.edu Subject: RE: (massplanners) Inclusionary Zoning Guidelines Well - I have done my own thinking and analysis on inclusionary zoning as it might be applied in Massachusetts. While it seems a popular thing to do, I have decided that I cannot recommend it to my community at this time. I prefer to stick with incentives (or call it inclusionary zoning with offsets, if you like) , and making the incentives or offsets more interesting to developers if necessary. Here are the reasons: 1. Inclusionary zoning has no solid legal footing in current Massachusetts Chapter 40A or elsewhere in the law. 2. Attorney General approval is not enough comfort level for me. It does not mean that an inclusionary zoning bylaw will withstand the a legal challenge if tested. There is no, or not much, guiding MA case law on this and I don't like being the first given the current constellation of law that' s on the books. 3 . Development exactions still need to pass a rational nexus test. I know one can make a case for affordable housing, but I have not yet seen it developed well enough to tie it back to a, say 10-, 20-, or 30-unit market rate housing development. In any case, the argument inevitably leads around at least 5 corners. In court, I prefer a straight line argument. 4 . If you don't give developers reason to want to develop a affordable housing, they will not do it. So, which developers, other than the ones with a big enough project to absorb the hit, would in their right mind subject themselves to inclusionary zoning. You kick in the requirement at 10 units, I 'll build 9; you say 8, I'll build 7. It' s easy, because my fellow developers all think the same way and so I stay competitive when making offers on land. (PS: Requiring percentage payment for any projects below the threshold, as the Harwich Planning Board is considering, is a real boondoggle, because it deprives the community of its last line of legal defense, which is that a developer can choose toystay below the threshold to avoid the exaction. ) S. Question: How many affordable housing units have been produced with inclusionary zoning so far? Does it actually do some good? Roland Bartl, AICP Town Planner, Town of Acton 472 Main Street Acton, MA 01720 978-264-9636 -----Original Message----- From: owner-massplanners@cs.umb.edu [mailto:owner-massplanners@cs.umb.edu] On Behalf Of Susan M. Leven, AICP - Sent: Wednesday, February 01, 2006 1:22 PM To: 'Scott Schilt' ; massplanners@cs.umb.edu Subject: RE: [massplanners] Inclusionary Zoning Guidelines Scott, et. al.The Town of Harwich is currently working on an Inclusionary By-law. I will describe what the Planning Board is proposing without any comments on my part: For every 10 new lots (by subdivision or ANR) or 10 units of multi-family housing, one affordable unit must be provided. The developer has the option of creating the unit on-site or off-site, or contributing the cost of an affordable unit (size to be determined by the Planning Board) 2 plus 20% or $50, 000, whichever is higher. If you are creating less than 10 new lots or between 3 and 9 multi.-family units, you must pay the appropriate percentage of the cash contribution. There is no- proposal to provide any give-backs to the developer. Monitoring and administration is required to go through a "not-for-profit housing entity. " The sale price calculation comes from the Cape Cod Commission's affordable housing folks. You may also want to look at the HOME Consortium website -- access them through the Cape Cod Commission's site -- www.capecodcommission.org. I' ll be curious to see how it is received by the public when we get to the public hearing stage. Sue Susan M. Leven, AICP Town Planner Town of Harwich 732 Main Street Harwich, MA 02645 508-430-7511 508-432-5039 Fax sleven@town.harwich.ma.us > -----Original Message----- • From: owner-massplanners@cs.umb.edu > (mailto:owner-massplanners@cs.umb.edu] On Behalf Of Scott Schilt > Sent: Wednesday, February 01, 2006 11:38 AM > To: massplanners@cs.umb.edu > Subject: [massplanners] Inclusionary Zoning Guidelines > > The Town of Lexington is looking to adopt an Inclusionary Housing > By-Law at TM this year. For those communities with Inclusionary > Zoning regulations, we are curious as to how you address > requirements/guidelines for monitoring and administration? Of key > interest are requirements for definition of "first time buyers, asset > limits, resale restrictions/oversight, maximum resale price > calculations, and who does the monitoring (town staff? consultants?) . > Any links to your by-law or attachments of guidelines to review would > be appreciated. > Also, we're curious to know of any communities that do not provide any > form of a give back to the developers for the IZ units? > Thanks in advance for the insight. . . > > Scott W. Schilt, AICP > Senior Planner > Town of Lexington > 1625 Massachusetts Avenue > Lexington, MA 02420 > (781) 862-0500 ext. 246 > > ------------------------- > This mail was sent to the massplanners internet mailing list, > massplanners@cs.umb.edu Please use massplanners-request@cs.umb.edu for > all messages about list administration. To unsubscribe, send mail to > massplanners-request@cs.umb.edu > with body consisting of the word unsubscribe > For detailed help, send mail to massplanners-request@cs.umb.edu 3 p with body consisting of the word help ------------------------- This mail was sent to the massplanners internet mailing list, massplanners@cs.umb.edu Please use massplanners-request@cs.umb.edu for all messages about list administration. To unsubscribe, send mail to massplanners-request@cs.umb.edu with body consisting of the word unsubscribe For detailed help, send mail to massplanners-request@cs.umb.edu with body consisting of the word help ------------------------- This mail was sent to the massplanners internet mailing list, massplanners@cs.umb.edu Please use massplanners-request@cs.umb.edu for all messages about list administration. To unsubscribe, send mail to massplanners-request@cs.umb.edu with body consisting of the word unsubscribe For detailed help, send mail to massplanners-request@cs.umb.edu with body consisting of the word help ------------------------- This mail was sent to the massplanners internet mailing list, massplanners@cs.umb.edu Please use massplanners-request@cs.umb.edu for all messages about list administration. To unsubscribe, send mail to massplanners-request@cs.umb.edu with body consisting of the word unsubscribe For detailed help, send mail to massplanners-request@cs.umb.edu with body consisting of the word help ------------------------- This mail was sent to the massplanners internet mailing list, massplanners@cs.umb.edu Please use massplanners-request@cs.umb.edu for all messages about list administration. To unsubscribe, send mail to massplanners-request@cs.umb.edu with body consisting of the word unsubscribe For detailed help, send mail to massplanners-request@cs.umb.edu with body consisting of the word help ------------------------- This mail was sent to the massplanners internet mailing list, massplanners@cs.umb.edu Please use massplanners-request@cs.umb.edu for all messages about list administration. To unsubscribe, send mail to massplanners-request@cs.umb.edu with body consisting of the word unsubscribe For detailed help, send mail to massplanners-request@cs.umb.edu with body consisting of the word help 4 Planning Office From: Town of Agawam Planning Department[planning@agawam.ma.us] Sent: Thursday, February 09, 2006 12:07 PM To: Stephanie Smith Subject: FW: [massplanners] Inclusionary Zoning Guidelines -----Original Message----- From: owner-massplanners@cs.umb.edu [mailto:owner-massplanners@cs.umb.edu] On Behalf Of Kathleen B. Bartolini Sent: Wednesday, February 01, 2006 4:56 PM To: rickb@ci.wellesley.ma.us; massplanners@cs.umb.edu Subject: RE: [massplanners] Inclusionary Zoning Guidelines Personally I agree with Roland, albeit Framingham passed an inclusionary bylaw last spring. A developer got up at the hearing and asked why it is his responsibility to provide affordable housing as opposed to the government. Then he pointed out that a lot people can not afford a car or a reliable car. Do we ask car dealers to sell a certain % of the cars at discounted rates and charge more to others to underwrite that discount? What's the difference? The market based programs .only work when the market is hot. Thus we have fits and starts to our housing production and more so with affordable units dependent upon market rate production. When Mass. And HUD had good solid deep pocket construction loans we produced tons more affordable units than we are now. The market rate project takes 2 years to get permitted and it may only result in 4-10 affordable units. Give me those good old days. -----Original Message----- From: owner-massplanners@cs.umb.edu [mailto:owner-massplanners@cs.umb.edu] On Behalf Of Rick Brown Sent: Wednesday, February 01, 2006 3 : 55 PM To: massplanners@cs.umb.edu Subject: RE: [massplanners] Inclusionary Zoning Guidelines Granted they're not built yet but we have 13 units in the pipeline from two projects. Rick Brown Planning Director When responding, please be advised that the Town of Wellesley and the Office of the Secretary of State has determined that email could be considered a public record. -----Original message----- From: owner-massplanners@cs.umb.edu [mailto:owner-massplanners@cs.umb.edu]On Behalf Of Roland Bartl Sent: Wednesday, February 01, 2006 2 :41 PM To: Susan M. Leven, AICP; Scott Schilt; massplanners@cs.umb.edu Subject: RE: [massplanners] Inclusionary Zoning Guidelines Well - I have done my own thinking and analysis on inclusionary zoning as it might be applied in Massachusetts. While it seems a popular thing to do, I have decided that I cannot recommend it to my community at this time. I prefer to stick with incentives (or call it inclusionary zoning with offsets, if you like) , and making the incentives or offsets more interesting to developers if necessary. Here are the reasons: 1. Inclusionary zoning has no solid legal footing in current Massachusetts Chapter 40A or elsewhere in the law. 2 . Attorney General approval is not enough comfort level for me. It does not mean that an inclusionary zoning bylaw will withstand the a legal challenge if tested. There is no, or not much, guiding MA case law on this and I don't like being the first given the current 1 constellation of law that ' s on the books. 3 . Development exactions still need to pass a rational nexus test. I know one can make a case for affordable housing, but I have not yet seen it developed well enough to tie it back to a, say 10-, 20- , or 30-unit market rate housing development. In any case, the argument inevitably leads around at least 5 corners. In court, I prefer a straight line argument. 4 . If you don't give developers reason to want to develop a affordable housing, they will not do it. So, which developers, other than the ones with a big enough project to absorb the hit, would in their right mind subject themselves to inclusionary zoning. You kick in the requirement at 10 units, I'll build 9; you say 8, I 'll build 7 . It's easy, because my fellow developers all think the same way and so I stay competitive when making offers on land. (PS: Requiring percentage payment for any projects below the threshold, as the Harwich Planning Board is considering, is a real boondoggle, because it deprives the community of its last line of legal defense, which is that a developer can choose to stay below the threshold to avoid the exaction. ) 5. Question: How many affordable housing units have been produced with inclusionary zoning so far? Does it actually do some good? Roland Bartl, AICP Town Planner, Town of Acton 472 Main Street Acton, MA 01720 978-264-9636 -----Original Message----- From: owner-massplanners@cs.umb,edu [mailto:owner-massplanners@cs.umb.edu) On Behalf Of Susan M. Leven, AICP Sent: Wednesday, February 01, 2006 1;22 PM To: 'Scott Schilt' ; massplanners@cs.umb.edu Subject: RE: [massplanners] Inclusionary Zoning Guidelines Scott, et. al. -- The Town of Harwich is currently working on an Inclusionary By-law. I will describe what the Planning Board is proposing without any comments on my part: For every 10 new lots (by subdivision or ANR) or 10 units of multi-family housing, one affordable unit must be provided. The developer has the option of creating the unit on-site or off-site, or contributing the cost of an affordable unit (size to be determined by the Planning Board) plus 20t or $50, 000, whichever is higher. If you are creating less than 10 new lots or between 3 and 9 multi-family units, you must pay the appropriate percentage of the cash contribution. There is no proposal to provide any give-backs to the developer. Monitoring and administration is required to go through a "not-for-profit housing entity. " The sale price calculation comes from the Cape Cod Commission' s affordable housing folks. You may also want to look at the HOME Consortium website -- access them through the Cape Cod Commission's site -- www.capecodcommission.org. I 'll be curious to see how it is received by the public when we get to the public hearing stage. Sue Susan M. Leven, AICP Town Planner Town of Harwich 732 Main Street Harwich, MA 02645 508-430-7511 508-432-5039 Fax sleven@town.harwich.ma.us 2 > -----Original Message----- • From: owner-massplanners@cs.umb.edu > [mailto:owner-massplanners@cs.umb.edu] On Behalf Of Scott Schilt > Sent: Wednesday, February 01, 2006 11:38 AM > To: massplanners@cs.umb.edu > Subject: [massplanners] Inclusionary Zoning Guidelines > The Town of Lexington is looking to adopt an Inclusionary Housing > By-Law at TM this year. For those communities with Inclusionary > Zoning regulations, we are curious as to hbw you address > requirements/guidelines for monitoring and administration? Of key > interest are requirements for definition of "first time buyers, ' asset > limits, resale restrictions/oversight, maximum resale price > calculations, and who does the monitoring (town staff? consultants?) . > Any links to your by-law or attachments of guidelines to review > would be appreciated. > > Also, we're curious to know of any communities that do not provide any > form of a give back to the developers for the IZ units? > Thanks in advance for the insight. . . > Scott W. Schilt, AICP > Senior Planner > Town of Lexington > 1625 Massachusetts Avenue > Lexington, MA 02420 > (781) 862-0500 ext . 246 7 > 7 > ------------------------- > This mail was sent to the massplanners internet mailing list, > massplanners@cs.umb.edu Please use massplanners-request@cs.umb.edu for > all messages about list administration. To unsubscribe, send mail to > massplanners-request@cs.umb.edu > with body consisting of the word unsubscribe > For detailed help, send mail to massplanners-request@cs.umb.edu > with body consisting of the ward help ---------------------- --- This mail was sent to the massplanners internet mailing list, massplanners@cs.umb.edu Please use massplanners-request@cs.umb.edu for all messages about list administration. To unsubscribe, send mail to massplanners-request@cs.umb.edu with body consisting of the word unsubscribe For detailed help, send mail to massplanners-request@cs.umb.edu with body consisting of the word help ------------------------- This mail was sent to the massplanners internet mailing list, massplanners@cs.umb.edu Please use massplanners-request@cs.umb.edu for all messages about list administration. To unsubscribe, send mail to massplanners-request@cs.umb.edu with body consisting of the word unsubscribe For detailed help, send mail to massplanners-request@cs.umb.edu with body consisting of the word help ------------------------- This mail was sent to the massplanners internet mailing list, massplanners@cs.umb.edu Please use massplanners-request@cs.umb.edu for all messages about list administration. To unsubscribe, send mail to massplanners-request@cs.umb.edu with body consisting of the word unsubscribe For detailed help, send mail to massplanners-requestocs.umb.edu with body consisting of the word help 3 ------------------------- This mail was sent to the massplanners internet mailing list, massplanners@cs.umb.edu Please use massplanners-request@cs.umb.edu for all messages about list administration. To unsubscribe, send mail to massplanners-request@cs.umb.edu with body consisting of the word unsubscribe For detailed help, send mail to massplanners-request@cs.umb.edu with body consisting of the word help 4 K . Planning Office From: Town of Agawam Planning Department[planning@agawam.ma.us] Sent: Thursday, February 09, 2006 12:05 PM To: Stephanie Smith Subject: FW: [massplanners] Inclusionary Zoning Guidelines -----Original Message----- From.- owner-massplanners@cs.umb.edu [mailto:owner-massplanners@cs.umb.edu] On Behalf Of Rick Brown Sent: Wednesday, February 01, 2006 3 :55 PM To: massplanners@cs.umb.edu Subject: RE: [massplanners] Inclusionary Zoning Guidelines Granted they're not built yet but we have 13 units in the pipeline from two projects. Rick Brown Planning Director When responding, please be advised that the Town of Wellesley and the Office of the Secretary of State has determined that email could be considered a public record. -----Original Message----- From: owner-massplanners@cs.umb.edu [mailto:owner-massplanners@cs.umb.edu]On Behalf Of Roland Bartl Sent: Wednesday, February 01, 2006 2:41 PM To: Susan M. Leven, AICP; Scott Schilt; massplanners@cs.umb.edu Subject: RE: (massplanners] Inclusionary Zoning Guidelines Well - I have done my own thinking and analysis on Inclusionary zoning as it might be applied in Massachusetts. While it seems a popular thing to do, I have decided that I cannot recommend it to my community at this time. I prefer to stick with incentives (or call it Inclusionary zoning with offsets, if you like) , and making the incentives or offsets more interesting to developers if necessary. Here are the reasons: 1. Inclusionary zoning has no solid legal footing in current Massachusetts Chapter 40A or elsewhere in the law. 2 . Attorney General approval is not enough comfort level for me. It does not mean that an inclusionary zoning bylaw will withstand the a legal challenge if tested. There is no, or not much, guiding MA case law on this and I don't like being the first given the current constellation of law that's on the books. 3. Development exactions still need to pass a rational nexus test. I know one can make a case for affordable housing, but I have not yet seen it developed well enough to tie it back to a, say 10-, 20-, or 30-unit market rate housing development. In any case, the argument inevitably leads around at least 5 corners. In court, I prefer a straight line argument. 4. If you don't give developers reason to want to develop a affordable housing, they will not do it. So, which developers, other than the ones with a big enough project to absorb the hit, would in their right mind subject themselves to inclusionary zoning. You kick in the requirement at 10 units, I'll build 9; you say 8, I 'll build 7. It's easy, because my fellow developers all think the same way and so I stay competitive when making offers on land. (PS: Requiring percentage payment for any projects below the threshold, as the Harwich Planning Board is considering, is a real boondoggle, because it deprives the community of its last line of legal defense, which is that a developer can choose to stay below the threshold to avoid the exaction. ) S. Question: How many affordable housing units have been produced with inclusionary zoning 1 so far? Does it actually do some good? Roland Bartl, AICP Town Planner, Town of Acton 472 Main Street Acton, MA 01720 978-264-9636 -----Original Message----- From: owner-massplanners@cs.umb.edu [mailto:owner-massplanners@cs.umb.edu] On Behalf Of Susan M. Leven, AICP Sent: Wednesday, February 01, 2006 1:22 PM To: 'Scott Schilt' ; massplanners@cs.umb.edu Subject: RE: [massplanners] Inclusionary Zoning Guidelines Scott, et. al.The Town of Harwich is currently working on an Inclusionary By-law. I will describe what the Planning Board is proposing without any comments on my part: For every 10 new lots (by subdivision or ANR) or 10 units of multi-family housing, one affordable unit must be provided. The developer has the option of creating the unit on-site or off-site, or contributing the cost of an affordable unit (size to be determined by the Planning Board) plus 20% or $50, 000, whichever is higher. If you are creating less than- 10 new lots or between 3 and 9 multi-family units, you must pay the appropriate percentage of the cash contribution. There is no proposal to provide any give-backs to the developer. Monitoring and administration is required to go through a "not-for-profit housing entity. " The sale price calculation comes from the Cape Cod Commission's affordable housing folks. You may also want to look at the HOME Consortium website -•- access them through the Cape Cod Commission's site -- www.capecodcommission.org. I 'll be curious to see how it is received by the public when we get to the public hearing stage. Sue Susan M. Leven, AICP Town Planner Town of Harwich 732 Main Street Harwich, MA 02645 508-430-7511 508-432-5039 Fax sleven@town.harwich.ma.us > -----Original Message----- • From: owner-massplanners@cs.umb.edu > [mailto:owner-massplanners@cs.umb.edu] On Behalf Of Scott Schilt > Sent: Wednesday, February 01, 2006 11:38 AM > To: massplanners@cs.umb.edu > Subject: [massplanners] Inclusionary Zoning Guidelines > The Town of Lexington is looking to adopt an Inclusionary Housing • By-Law at TM this year. For those communities with Inclusionary • Zoning regulations, we are curious as to how you address > requirements/guidelines for monitoring and administration? Of key > interest are requirements for definition of "first time buyers, " asset > limits, resale restrictions/oversight, maximum resale price > calculations, and who does the monitoring (town staff? consultants?) . > Any links to your by-law or attachments of guidelines to review > would be appreciated. 2 w > Also, we're curious to know of any communities that do not provide any > form of a give back to the developers for the IZ units? 7 > Thanks in advance for the insight. . . > > Scott W. Schilt, AICP > Senior Planner > Town of Lexington > 1625 Massachusetts Avenue > Lexington, MA 02420 > (781) 862-0500 ext. 246 > > ------------------------- > This mail was sent to the massplanners internet mailing list, > massplanners@cs.umb.edu Please use massplanners-request@cs.umb.edu for • all messages about list administration. To unsubscribe, send mail to > massplanners-request@cs.umb.edu > with body consisting of the word unsubscribe. > For detailed help, send mail to massplanners-request@cs.umb.edu > with body consisting of the word help > ------------------------- This mail was sent to the massplanners internet mailing list, massplanners@cs.umb.edu Please use massplanners-request@cs.umb.edu for all messages about list administration. To unsubscribe, send mail to massplanners-request@cs.umb.edu with body consisting of the word unsubscribe For detailed help, send mail to massplanners-request@cs.umb.edu with body consisting of the word help ------------------------- This mail was sent to the massplanners internet mailing list, massplanners@cs.umb.edu Please use massplanners-request@cs.umb.edu for all messages about list administration. To unsubscribe, send mail to massplanners-request@cs.umb.edu with body consisting of the word unsubscribe For detailed help, send mail to massplanners-request@cs.umb.edu with body consisting of the word help ------------------------- This mail was sent to the massplanners internet mailing list, massplanners@cs.umb.edu Please use massplanners-request@cs.umb.edu for all messages about list administration. To unsubscribe, send mail to massplanners-request@cs.umb.edu with body consisting of the word unsubscribe For detailed help, send mail to massplanners-request@cs.umb.edu with body consisting of the word help 3 7' Planning Office From: Town of Agawam Planning Department [planning@agawam.ma.us] Sent: Thursday, February 09, 2006 12:05 PM To: Stephanie Smith Subject: FW: [massplanners] Inclusionary Zoning Guidelines -----Original Message----- From: owner-massplanners@cs.umb.edu [mailto:owner-massplanners@cs.umb.edu] On Behalf Of Roland Bartl Sent: Wednesday, February 01, 2006 2:41 PM To: Susan M. Leven, AICP; Scott Schilt; massplanners@cs.umb.edu Subject: RE: [massplanners] Inclusionary Zoning Guidelines Well - I have done my own thinking and analysis on inclusionary zoning as it might be applied in Massachusetts. while it seems a popular thing to do, I have decided that I cannot recommend it to my community at this time. I prefer to stick with incentives (or call it inclusionary zoning with offsets, if you like) , and making the incentives or offsets more interesting to developers if necessary. Here are the reasons: 1. Inclusionary zoning has no solid legal footing in current Massachusetts Chapter 40A or elsewhere in the law. 2 . Attorney General approval is not enough comfort level for me. It does not mean that an inclusionary zoning bylaw will withstand the a legal challenge if tested. There is no, or not much, guiding MA case law on this and I don't like being the first given the current constellation of law that's on the books. 3 . Development exactions still need to pass a rational nexus test. I know one can make a .case for affordable housing, but I have not yet seen it developed well enough to tie it back to a, say 10-, 20-, or 30-unit market rate housing development. In any case, the argument inevitably leads around at least 5 corners. In court, I prefer a straight line argument. 4 . If you don't give developers reason to want to develop a affordable housing, they will not do it. So, which developers, other than the ones with a big enough project to absorb the hit, would in their right mind subject themselves to inclusionary zoning. You kick in the requirement at 10 units, I'll build 9; you say B, I 'll build 7. It's easy, because my fellow developers all think the same way and so I stay competitive when making offers on land. (PS: Requiring percentage payment for any projects below the threshold, as the Harwich Planning Board is considering, is a real boondoggle, because it deprives the community of its last line of legal defense, which is that a developer can choose to stay below the threshold to avoid the exaction. ) 5 . Question: How many affordable housing units have been produced with inclusionary zoning so far? Does it actually do some good? Roland Bartl, AICP Town Planner, Town of Acton 472 Main Street Acton, MA 01720 978-264-9636 ---Original Message----- From: owner-massplanners@cs.umb.edu [mailto:owner-massplanners@cs.umb.edu] On Behalf Of Susan M. Leven, AICP Sent: Wednesday, February 01, 2006 1:22 PM To: 'Scott Schilt' ; massplanners@cs.umb.edu Subject: RE: [massplanners] Inclusionary zoning Guidelines 1 r Scott, et. al. The Town of Harwich is currently working on an Inclusionary By-law. I will describe what the Planning Board is proposing without any comments on my part: For every 10 new lots (by subdivision or ANR) or 10 units of multi-family housing, one affordable unit must be provided. The developer has the option of creating the unit on-site or off-site, or contributing the cost• of an affordable unit (size to be determined by the Planning Board) plus 20% or $50, 000, whichever is higher, if you are creating less than 10 new lots or between 3 and 9 multi-family units, you must pay the appropriate percentage of the cash contribution. There is no proposal to provide any give-backs to the developer. Monitoring and administration is required to go through a "not-for-profit housing entity. " The sale price calculation comes from the Cape Cod Commission' s affordable housing folks. You may also want to look at the HOME Consortium website -- access them through the Cape Cod Commission's site -- www.capecodcommission.org. I 'll be curious to see how it is received by the public when we get to the public hearing stage. Sue Susan M. Leven, AICP Town Planner Town of Harwich 732 Main Street Harwich, MA 02645 508-430-7511 508-432-5039 Fax sieven@town.harwich.ma.us > -----Original Message----- > From: owner-massplanners@cs.umb.edu > [mailto:owner-massplanners@cs.umb.edu] On Behalf Of Scott Schilt > Sent: Wednesday, February 01, 2006 11:38 AM > To: massplanners@cs.umb.edu > Subject: [massplanners] Inclusionary Zoning Guidelines > The Town of Lexington is looking to adopt an Inclusionary Housing > By-Law at TM this year. For those communities with Inclusionary > Zoning regulations, we are curious as to how you address > requirements/guidelines for monitoring and administration? Of key > interest are requirements. for definition of "first time buyers, " asset > limits, resale restrictions/oversight, maximum resale price > calculations, and who does the monitoring (town staff? consultants?) . > Any links to your by-law or attachments of guidelines to review > would be appreciated. > > Also, we're curious to know of any communities that do not provide any a form of a give back to the developers for the IZ units? > Thanks in advance for the insight. . . > Scott W. Schilt, AICP > Senior Planner > Town of Lexington > 1625 Massachusetts Avenue > Lexington, MA 02420 > (781) 862-0500 ext. 246 > > ------------------------- > This mail was sent to the massplanners internet mailing list, > massplanners@cs.umb.edu Please use massplanners-request@cs.umb.edu for 2 > all messages about list administration. To unsubscribe, send mail to > massplanners-request@cs.umb.edu > with body consisting of the word unsubscribe > For detailed.help, send mail to massplanners-request@cs.umb.edu > with body consisting of the word help ------------------------- This mail was sent to the massplanners internet mailing list, massplanners@cs.umb.edu Please use massplanners-request@cs.umb.edu for all messages about list administration. To unsubscribe, send mail to massplanners-request@cs.umb.edu with body consisting of the word unsubscribe For detailed help, send mail to massplanners-request@cs.umb.edu with body consisting of the word help ------------------------- This mail was sent to the massplanners internet mailing list, massplanners@cs.umb.edu Please use massplanners-requestgcs.umb.edu for all messages about list administration. To unsubscribe, send mail to massplanners-request@cs.umb.edu with body consisting of the word unsubscribe For detailed help, send mail to massplanners-request@cs.umb.edu with body consisting of the word help l 3 �i Planning Office From: Town of Agawam Planning Department[planning@agawam.ma.us] Sent: Thursday, February 09, 2006 12:05 PM To: Stephanie Smith Subject: FW: [massplanners] Inclusionary Zoning Guidelines -----Original Message----- From: owner-massplanners@cs.umb.edu [mailto:owner-massplanners@cs.umb.edu] On Behalf Of Broadrick, Tom Sent: Wednesday, February 01, 2006 2: 11 PM To: Susan M. Leven, AICP; Scott Schilt; massplanners@cs.umb.edu Subject: RE: [massplanners] Inclusionary Zoning Guidelines Hi all. . .without getting too involved, Barnstable has had for years the same sort of general ordinance Sue describes but I understand we lost a court battle to have the "option" and so are unable to collect the fee. . .so we require the unit to be constructed. Call me for more details 508-862-4703 and as always visit our website at www.town.barnstable.ma.us Tom -----Original Message----- From: owner-massplanners@cs.umb.edu [mailto:owner-massplanners@cs.umb.edu3 On Behalf Of Susan M. Leven, AICP Sent: Wednesday, February 01, 2006 1:22 PM To: 'Scott Schilt' ; massplanners@cs.umb.edu Subject: RE: [massplanners) Inclusionary Zoning Guidelines Scott, et. al.The Town of Harwich is currently working on an Inclusionary By-law. I will describe what the Planning Board is proposing without any comments on my part: For every 10 new lots (by subdivision or ANR) or 10 units of multi-family housing, one affordable unit must be provided. The developer has the option of creating the unit on-site or off-site, or contributing the cost of an affordable unit (size to be determined by the Planning Board) plus 20W or $50, 000, whichever is higher. If you are creating less than 10 new lots or between 3 and 9 multi-family units, you must pay the appropriate percentage of the cash contribution. There is no proposal to provide any give-backs to the developer. Monitoring and administration is required to go through a "not-for-profit housing entity. " The sale price calculation comes from the Cape Cod Commission's affordable housing folks. You may also want to look at the HOME Consortium website -- access them through the Cape Cod Commission's site -- www.capecodcommission.org. I 'll be curious to see how it is received by the public when we get to the public hearing stage. Sue Susan M. Leven, AICP Town Planner Town of Harwich 732 Main Street Harwich, MA 02645 508-430-7511 508-432-5039 Fax sleven@town.harwich.ma.us > -----Original Message----- > From: owner-massplanners@cs.umb.edu n [mailto:owner-massplanners@cs.umb.edu] On Behalf Of Scott Schilt ' 1 Sent: Wednesday, February 01, 2006 11:38 AM > To: massplanners@cs.umb.edu > Subject: (massplanners] Inclusionary Zoning Guidelines > The Town of Lexington is looking to adopt an Inclusionary Housing > By-Law at TM this year. For those communities with Inclusionary > Zoning regulations, we are curious as to how you address > requirements/guidelines for monitoring and administration? Of key > interest are requirements for definition of "first time buyers, " asset • limits, resale restrictions/oversight, maximum resale price > calculations, and who does the monitoring (town staff? consultants?) . • Any links to your by-law or attachments of guidelines to review > would be appreciated. > Also, we're curious to know of any communities that do not provide any > form of a give back to the developers for the IZ units? > Thanks in advance for the insight. . . * Scott W. Schilt, AICP > Senior Planner > Town of Lexington > 1625 Massachusetts Avenue * Lexington, MA 02420 > (781) 862-0500 ext. 246 > > ------------------------- • This mail was sent to the massplanners internet mailing list, > massplanners@cs.umb.edu Please use massplanners-request@cs.umb.edu for > all messages about list administration. To unsubscribe, send mail to • massplanners-requestC@cs.umb.edu > with body consisting of the word unsubscribe a For detailed help, send mail to massplanners-request@cs.umb.edu • with body consisting of the word help ------------------------- This mail was sent to the massplanners internet mailing list, massplanners@cs.umb.edu Please use massplanners-request@cs.umb.edu for all messages about list administration. To unsubscribe, send mail to massplanners-request@cs.umb.edu with body consisting of the word unsubscribe For detailed help, send mail to massplanners-request@cs.umb.edu with body consisting of the word help ------------------------- This mail was sent to the massplanners internet mailing list, massplanners@cs.umb.edu Please use massplanners-request@cs.umb.edu for all messages about list administration. To unsubscribe, send mail to massplanners-request@cs.umb.edu with body consisting of the word unsubscribe For detailed help, send mail to massplanners-request@cs.umb.edu with body consisting of the word help. 2 Sarah Zingarelli, Intern From: owner-massplanners@cs.umb.edu on behalf of Michelle Collette [mcollette@townofgroton.org] Sent: Thursday, February 02, 2006 8:11 AM To: rickb@ci.wellesley.ma.us; massplanners@cs.umb.edu Subject: RE: [massplanners] Inclusionary Zoning Guidelines Groton has five occupied units in three subdivisions, nine under construction to be purchased by the Housing Authority with Mass Housing Partnership financing, and 23 approved and not yet constructed. Every unit added to the inventory helps! Michelle Collette Planning Administrator Town Hall 173 Main Street Groton, MA 01450 Telephone: 978 448-1 1 05 FAX: 978 448-1113 mcollette@ci.groton.ma.us www.ci.groton.ma.us When responding, please remember the Secretary of State and Town of Groton consider 6-mail a public record. -----Original Message----- From: owner-massplanners@cs.umb.edu [mailto:owner-massplanners@cs.umb.edu] On Behalf Of Rick Brown Sent: Wednesday, February 01, 2006 3:55 PM To: massplanners@cs.umb.edu Subject: RE: [massplanners] Inclusionary Zoning Guidelines Granted they're not built yet but we have 13 units in the pipeline from two projects. Rick Brown Planning Director When responding, please be advised that the Town of Wellesley and the Office of the Secretary of State has determined that email could be considered a public record. -----Original Message----- From: owner-massplanners@cs.umb.edu [mailto:owner-massplanners@cs.umb.edu]On Behalf Of Roland Bartl Sent: Wednesday, February 01, 2006 2:41 PM To: Susan M. Leven, AICP; Scott Schilt; massplanners@cs.umb.edu Subject: RE: [massplanners] Inclusionary Zoning Guidelines 1 Well -•I have done my own thinking and analysis on inclusionary zoning f as it might be applied in Massachusetts. While it seems a popular thing to do, I have decided that I cannot recommend it to my community at this time. I prefer to stick with incentives (or call it inclusionary zoning with offsets, if you like), and making the incentives or offsets more interesting to developers if necessary. Here are the reasons: 1. Inclusionary zoning has no solid legal footing in current Massachusetts Chapter 40A or elsewhere in the law. 2. Attorney General approval is not enough comfort level for me. It does not mean that an inclusionary zoning bylaw will withstand the a legal challenge if tested. There is no, or not much;guiding MA case law on this and I don't like being the first given the current constellation of law that's on the books. 3. Development exactions still need to pass a rational nexus test. I know one can make a case for affordable housing, but I have not yet seen it developed well enough to tie it back to a, say 10-, 20-, or 30-unit market rate housing development. In any case, the argument inevitably leads around at least 5 corners. In court, I prefer a straight line argument. 4. If you don't give developers reason to want to develop a affordable housing, they will not do it. So, which developers, other than the ones with a big enough project to absorb the hit, would in their right mind subject themselves to inclusionary zoning. You kick in the requirement at 10 units, I'll build 9; you say 8, I'll build 7. It's easy, because my fellow developers all think the same way and so I stay competitive when making offers on land. (PS: Requiring percentage payment for any projects below the threshold, as the Harwich Planning Board is considering, is a real boondoggle, because it deprives the community of its last line of legal defense, which is that a developer can choose to stay below the threshold to avoid the exaction.) 5. Question: How many affordable housing units have been produced with inclusionary zoning so far? Does it actually do some good? Roland Barti, AICP Town Planner, Town of Acton 472 Main Street Acton, MA 01720 978-264-9636 -----Original Message----- From: owner-massplanners@cs.umb.edu [mailto:owner-massplanners@cs.umb.edu] On Behalf Of Susan M. Leven, AICP Sent: Wednesday, February 01, 2006 1.22 PM To: 'Scott Schilt; massplanners@cs.umb.edu ! Subject: RE: [massplanners] Inclusionary Zoning Guidelines Scott, et. al.The Town of Harwich is currently working on an Inclusionary By-law. I will describe what the Planning Board is proposing without any comments on my part: For every 10 new lots (by subdivision or ANR) or 10 units of multi-family housing, one affordable unit must be provided. The developer has the option of creating the unit on-site or off-site, or contributing the cost of an affordable unit(size to be determined by the Planning Board) plus 20% or$50,000, whichever is higher. If you are creating less than 10 new lots or between 3 and 9 multi-family 2 units, you must pay the appropriate percentage of the cash contribution. /There is no proposal to provide any give-backs to the developer. Monitoring and administration is required to go through a "not-for-profit housing entity." The sale price calculation comes from the Cape Cod Commission's affordable housing folks. You may also want to look at the HOME Consortium website-- access them through the Cape Cod Commission's site--www.capecodcommission.org. I'll be curious to see how it is received by the public when we get to the public hearing stage. Sue Susan M. Leven, AICP Town Planner Town of Harwich 732 Main Street Harwich, MA 02645 508-430-7511 508-432-5039 Fax sleven@town.harwich.ma.us >-----Original Message----- > From: owner-massplanners@cs.umb.edu > [mailto:owner-massplanners@cs.umb.edu] On Behalf Of Scott Schilt >Sent: Wednesday, February 01, 2006 11:38 AM >To: massplanners@cs.umb.edu >Subject: [massplanners] Inclusionary Zoning Guidelines > >The Town of Lexington is looking to adopt an Inclusionary Housing > By-Law at TM this year. For those communities with Inclusionary >Zoning regulations, we are curious as to how you address > requirements/guidelines for monitoring and administration? Of key > interest are requirements for definition of'first time buyers,"asset > limits, resale restrictions/oversight, maximum resale price > calculations, and who does the monitoring(town staff?consultants?). >Any links to your by-law or attachments of guidelines to review would > be appreciated. >Also, we're curious to know of any communities that do not provide any >form of a give back to the developers for the IZ units? > >Thanks in advance for the insight... > > Scott W. Schilt, AICP > Senior Planner >Town of Lexington > 1625 Massachusetts Avenue > Lexington, MA 02420 > (781)862-0500 ext. 246 >------------------------- >This mail was sent to the massplanners internet mailing list, > massplanners@cs.umb.edu Please use massplanners-request@cs.umb.edu for >all messages about list administration. To unsubscribe, send mail to 3 massplanners-request@cs.umb.edu with body consisting of the word unsubscribe > For detailed help, send mail to massplanners-request@cs.umb.edu >with body consisting of the word help ------------------------- This mail was sent to the massplanners internet mailing list, massplanners@cs.umb.edu Please use massplanners-request@cs.umb.edu for all messages about list administration. To unsubscribe, send mail to massplanners-request@cs.umb.edu with body consisting of the word unsubscribe For detailed help, send mail to massplanners-request@cs.umb.edu with body consisting of the word help ------------------------- This mail was sent to the massplanners internet mailing list, massplanners@cs.umb.edu Please use massplanners-request@cs.umb.edu for all messages about list administration. To unsubscribe, send mail to massplanners-request@cs.umb.edu with body consisting of the word unsubscribe For detailed help, send mail to massplanners-request@cs.umb.edu with body consisting of the word help ------------------------- This mail was sent to the massplanners internet mailing list, massplanners@cs.umb.edu Please use massplanners-request@cs.umb.edu for all messages about list administration. To unsubscribe, send mail to massplanners-request@cs.umb.edu with body consisting of the word unsubscribe For detailed help, send mail to massplanners-request@cs.umb.edu with body consisting of the word help ------------------------- This mail was sent to the massplanners internet mailing list, massplanners@cs.umb.edu Please use massplanners-request@cs.umb.edu for all messages about list administration. To unsubscribe, send mail to massplanners-request@cs.umb.edu with body consisting of the word unsubscribe For detailed help, send mail to massplanners-request@cs.umb.edu with body consisting of the word help 4 { Sarah Zingarelli, Intern From: owner-massplanners@cs.umb.edu on behalf of Nipun Jain [NIPUN@ci.amesbury.ma.us] Sent: Wednesday, February 01, 2006 6:35 PM To: Kathleen B. Bartolini; rickb@ci.wellesley.ma.us; massplanners@cs.umb.edu Subject: RE: [massplanners] Inclusionary Zoning Guidelines I agree with Roland and Kathleen. As planners, we have to be cognizant of the market forces as well. The developer is in the business of making profit and if the local regs can offer realistic incentives in return for providing affordable units, it more likely to be accepted by the development community. When single family homes are selling for upward of$500k, asking the developer to discount the price to $200k-$300k just does not make economic sense unless a critical density is allowed on the parcel. In some situations, the carrot and stick approach works better than a mandated requirement. Not all sites are conducive for housing development and when trying to balance environmental resources, neighborhood character, traffic, infrastructure availability with requiring affordable housing, it may make more sense to negotiate for a desirable site plan vs requiring affordable housing. Nipun Jain Planner, Amesbury -----Original Message----- From: owner-massplanners@cs.umb.edu [mailto:owner-massplanners@cs.umb.edu] On Behalf Of Kathleen B. Bartolini Sent: Wednesday, February 01, 2006 4:56 PM To:rickb@ci.wellesley.ma.us; massplanners@cs.umb.edu Subject: RE: (massplanners] Inclusionary Zoning Guidelines Personally I agree with Roland, albeit Framingham passed an inclusionary bylaw last spring. A developer got up at the hearing and asked why it is his responsibility to provide affordable housing as opposed to the government. Then he pointed out that a lot people can not afford a car or a reliable car. Do we ask car dealers to sell a certain % of the cars at discounted rates and charge more to others to underwrite that discount? What's the difference? The market based programs only work when the market is hot. Thus we have fits and starts to our housing production and more so with affordable units dependent upon market rate production. When Mass. And HUD had good solid deep pocket construction loans we produced tons more affordable units than we are now. The market rate project takes 2 years to get permitted and it may only result in 4-10 affordable units. Give me those good old days. -----Original Message----- From: owner-massplanners@cs.umb.edu [mailto:owner-massplanners@cs.umb.edu] On Behalf Of Rick Brown Sent:Wednesday, February 01, 2006 3:55 PM To: massplanners@cs.umb.edu Subject: RE: [massplanners] Inclusionary Zoning Guidelines Granted they're not built yet but we have 13 units in the pipeline from two projects. Rick Brown Planning Director When responding, please be advised that the Town of Wellesley and the t Office of the Secretary of State has determined that email could be considered a public record. -----Original Message----- From: owner-massplanners@cs.umb.edu [mailto:owner-massplanners@cs.umb.edu]On Behalf Of Roland Bartl Sent: Wednesday, February 01, 2006 2:41 PM To: Susan M. Leven, AICP; Scott Schilt; massplanners@cs.umb.edu Subject: RE: [massplanners] Inclusionary Zoning Guidelines Well - I have done my own thinking and analysis on inclusionary zoning as it might be applied in Massachusetts.While it seems a popular thing to do, I have decided that I cannot recommend it to my community at this time. I prefer to stick with incentives (or call it inclusionary zoning with offsets, if you like), and making the incentives or offsets more interesting to developers if necessary. Here are the reasons: 1. Inclusionary zoning has no solid legal footing in current Massachusetts Chapter 40A or elsewhere in the law. 2. Attorney General approval is not enough comfort level for me. It does not mean that an inclusionary zoning bylaw will withstand the a legal challenge if tested. There is no, or not much, guiding MA case law on this and I don't like being the first given the current constellation of law that's on the books. 3. Development exactions still need to pass a rational nexus test. I know one can make a case for affordable housing, but I have not yet seen it developed well enough to tie it back to a, say 10-, 20-, or 30-unit market rate housing development. In any case, the argument inevitably leads around at least 5 corners. In court, I prefer a straight line argument. 4. If you don't give developers reason to want to develop a affordable housing, they will not do it. So,which developers, other than the ones with a big enough project to absorb the hit, would in their right mind subject themselves to inclusionary zoning. You kick in the requirement at 10 units, I'll build 9; you say 8, I'll build 7. It's easy, because my fellow developers all think the same way and so I stay competitive when making offers on land. (PS: Requiring percentage payment for any projects below the threshold, as the Harwich Planning Board is considering, is a real boondoggle, because it deprives the community of its last line of legal defense, which is that a developer can choose to stay below the threshold to avoid the exaction.) 5. Question: How many affordable housing units have been produced with inclusionary zoning so far? Does it actually do some good? Roland Bard, AICP Town Planner, Town of Acton 472 Main Street Acton, MA 01720 978-264-9636 -----Original Message----- From: owner-massplanners@cs.umb.edu [mailto:owner-m ass planners @cs.umb.edu] On Behalf Of Susan M. Leven, AICP Sent: Wednesday, February 01, 2006 1:22 PM To: 'Scott Schilt; massplanners@cs.umb.edu Subject: RE: (massplanners] Inclusionary Zoning Guidelines 2 Scott, et. aI.The Town of Harwich is currently working on an Inclusionary By-law. I will describe what the Planning Board is proposing without any comments on my part: For every 10 new lots (by subdivision or ANR)or 10 units of multi-family housing, one affordable unit must be provided. The developer has the option of creating the unit on-site or off-site, or contributing the cost of an affordable unit(size to be determined by the Planning Board) plus 20% or$50,000, whichever is higher. If you are creating less than 10 new lots or between 3 and 9 multi-family units, you must pay the appropriate percentage of the cash contribution. There is no proposal to provide any give-backs to the developer. Monitoring and administration is required to go through a "not-for-profit housing entity." The sale price calculation comes from the Cape Cod Commission's affordable housing folks. You may also want to look at the HOME Consortium website--access them through the Cape Cod Commission's site--www.capecodcommission.org. I'll be curious to see how it is received by the public when we get to the public hearing stage. Sue Susan M. Leven, AICP Town Planner Town of Harwich 732 Main Street Harwich, MA 02645 508-430-7511 508-432-5039 Fax sleven@town.harwich.ma.us > -----Original Message----- * From: owner-massplanners@cs.umb.edu ,> (mailto:owner-massplanners@cs.umb.edu] On Behalf Of Scott Schilt > Sent: Wednesday, February 01, 2006 11:38 AM >To: massplanners@cs.umb.edu > Subject: [massplanners] Inclusionary Zoning Guidelines > >The Town of Lexington is looking to adopt an Inclusionary Housing > By-Law at TM this year. For those communities with Inclusionary >Zoning regulations, we are curious as to how you address >requirements/guidelines for monitoring and administration? Of key > interest are requirements for definition of"first time buyers,"asset > limits, resale restrictions/oversight, maximum resale price > calculations, and who does the monitoring (town staff?consultants?). >Any links to your by-law or attachments of guidelines to review >would be appreciated. > >Also, we're curious to know of any communities that do not provide any >form of a give back to the developers for the IZ units? >Thanks in advance for the insight... > Scott W. Schilt, AICP >Senior Planner • 3 >Town of Lexington > 1625 Massachusetts Avenue > Lexington, MA 02420 > (781)862-0500 ext. 246 > > > ------------------------- >This mail was sent to the massplanners internet mailing list, > massplanners@cs.umb.edu Please use massplanners-request@cs.umb.edu for > all messages about list administration. To unsubscribe, send mail to > massplanners-request@cs.umb.edu >with body consisting of the word unsubscribe > For detailed help, send mail to massplanners-request@cs.umb.edu >with body consisting of the word help ------------------------- This mail was sent to the massplanners internet mailing list, massplanners@cs.umb.edu Please use massplanners-request@cs.umb.edu for all messages about list administration. To unsubscribe, send mail to massplanners-request@cs.umb.edu with body consisting of the word unsubscribe For detailed help, send mail to massplanners-request@cs.umb.edu with body consisting of the word help ------------------------ This mail was sent to the massplanners internet mailing list, massplanners@cs.umb.edu Please use massplanners-request@cs.umb.edu for all messages about list administration. To unsubscribe, send mail to massplanners-request@cs.umb.edu with body consisting of the word unsubscribe For detailed help, send mail to massplanners-request@cs.umb.edu with body consisting of the word help ------------------------- This mail was sent to the massplanners internet mailing list, massplanners@cs.umb.edu Please use massplanners-request@cs.umb.edu for all messages about list administration. To unsubscribe, send mail to massplanners-request@cs.umb.edu with body consisting of the word unsubscribe For detailed help, send mail to massplanners-request@cs.umb.edu with body consisting of the word help ------------------------- This mail was sent to the massplanners internet mailing list, massplanners@cs.umb.edu Please use massplanners-request@cs.umb.edu for all messages about list administration. To unsubscribe, send mail to massplanners-request@cs.umb.edu with body consisting of the word unsubscribe For detailed help, send mail to massplanners-request@cs.umb.edu with body consisting of the word help ------------------------- This mail was sent to the massplanners internet mailing list, massplanners@cs.umb.edu Please use massplanners-request@cs.umb.edu for all messages about list administration. To unsubscribe, send mail to massplanners-request@cs.umb.edu with body consisting of the word unsubscribe For detailed help, send mail to massplanners-request@cs.umb.edu 4 with body consisting of the word help 5 Sarah Zin arelli, Intern From: owner-massplanners@cs.umb.edu on behalf of Kathleen B. Bartolini [KBB@framingham ma.gov] Sent: Wednesday, February 01, 2006 4:56 PM To: rickb@ci.wellesley.ma.us; massplanners@cs.umb.edu Subject: RE: [massplanners] Inclusionary Zoning Guidelines Personally I agree with Roland, albeit Framingham passed an inclusionary bylaw last spring. A developer got up at the hearing and asked why it is his responsibility to provide affordable housing as opposed to the government. Then he pointed out that a lot people can not afford a car or a reliable car. Do we ask car dealers to sell a certain % of the cars at discounted rates and charge more to others to underwrite that discount? What's the difference? The market based programs only work when the market is hot. Thus we have fits and starts to our housing production and more so with affordable units dependent upon market rate production. When Mass. And HUD had good solid deep pocket construction loans we produced tons more affordable units than we are now. The market rate project takes 2 years to get permitted and it may only result in 4-10 affordable units. Give me those good old days. -----Original Message----- From: owner-massplanners@cs.umb.edu [mailto:owner-massplanners@cs.umb.edu] On Behalf Of Rick Brown Sent: Wednesday, February 01, 2006 3:55 PM To: massplanners@cs.umb.edu Subject: RE: [massplanners] Inclusionary Zoning Guidelines Granted they're not built yet but we have 13 units in the pipeline from two projects. Rick Brown Planning Director When responding, please be advised that the Town of Wellesley and the Office s of the Secretary of State has determined that email could be considered a public record. -----Original Message----- From: owner-massplanners@cs.umb.edu [mailto:owner-massplanners@cs.umb.edu]On Behalf Of Roland Bartl Sent: Wednesday, February 01, 2006 2:41 PM To: Susan M. Leven, AICP; Scott Schilt; massplanners@cs.umb.edu Subject: RE: [massplanners] Inclusionary Zoning Guidelines Well - I have done my own thinking and analysis on inclusionary zoning as it might be applied in Massachusetts. While it seems a popular thing to do, I have decided that I cannot recommend it to my community at this time. I prefer to stick with incentives (or call it inclusionary zoning with offsets, if you like), and making the incentives or offsets more interesting to developers if necessary. Here are the reasons: 1. Inclusionary zoning has no solid legal footing in current Massachusetts Chapter 40A or elsewhere in the law. I 2. Attorney General approval is not enough comfort level for me. It does not mean that an inclusionary zoning bylaw will withstand the a legal challenge if tested. There is no, or not much, guiding MA case law on this and I don't like being the first given the current constellation of law that's on the books. 3. Development exactions still need to pass a rational nexus test. I know one can make a case for affordable housing, but I have not yet seen it developed well enough to tie it back to a, say 10-, 20-, or 30-unit market rate housing development. In any case, the argument inevitably leads around at least 5 corners. In court, I prefer a straight line argument. 4. If you don't give developers reason to want to develop a affordable housing, they will not do it. So,which developers, other than the ones with a big enough project to absorb the hit, would in their right mind subject themselves to inclusionary zoning. You kick in the requirement at 10 units, I'll build 9; you say 8, I'll build 7. It's easy, because my fellow developers all think the same way and so I stay competitive when making offers on land. (PS: Requiring percentage payment for any projects below the threshold, as the Harwich Planning Board is considering, is a real boondoggle, because it deprives the community of its last line of legal defense, which is that a developer can choose to stay below the threshold to avoid the exaction.) 5. Question: How many affordable housing units have been produced with inclusionary zoning so far? Does it actually do some good? Roland Bartl, AICP Town Planner, Town of Acton 472 Main Street Acton, MA 01720 978-264-9636 -----Original Message----- From: owner-massplanners@cs.umb.edu [mailto:owner-massplanners@cs.umb.edu] On Behalf Of Susan M. Leven, AICP Sent:Wednesday, February 01, 2006 1:22 PM To: 'Scott Schilt'; massplanrers@cs.umb.edu, Subject: RE: [massplanners] Inclusionary Zoning Guidelines Scott, et. al.The Town of Harwich is currently working on an Inclusionary By-law. I will describe what the Planning Board is proposing without any comments on my part: For every 10 new lots (by subdivision or ANR)or 10 units of multi-family housing, one affordable unit must be provided. The developer has the option of creating the unit on-site or off-site, or contributing the cost of an affordable unit(size to be determined by the Planning Board) plus 20% or$50,000, whichever is higher. If you are creating less than 10 new lots or between 3 and 9 multi-family units, you must pay the appropriate percentage of the cash contribution. There is no proposal to provide any give-backs to the developer. Monitoring and administration is required to go through a "not-for-profit housing entity." The sale price calculation comes from the Cape Cod Commission's affordable housing folks. You may also want to look at the HOME Consortium website--access them through the Cape Cod Commission's site--www.capecodcommission.org. I'll be curious to see how it is received by the public when we get to 2 the public hearing stage. Sue Susan M. Leven, AICP Town Planner Town of Harwich 732 Main Street Harwich, MA 02645 508-430-7511 508-432-5039 Fax sleven@town.harwich.ma.us >-----Original Message----- • From: owner-massplanners@cs.umb.edu > [mailto:owner-massplanners@cs.umb.edu] On Behalf Of Scott Schilt > Sent: Wednesday, February 01, 2006 11:38 AM >To: massplanners@cs.umb.edu > Subject: [massplanners] Inclusionary Zoning Guidelines >The Town of Lexington is looking to adopt an Inclusionary > Housing By-Law at TM this year. For those communities with > Inclusionary Zoning regulations, we are curious as to how you >address requirements/guidelines for monitoring and >administration? Of key interest are requirements for >definition of"first time buyers,"asset limits, resale > restrictionsloversight, maximum resale price calculations, >and who does the monitoring (town staff?consultants?). Any > links to your by-law or attachments of guidelines to review >would be appreciated. >Also, we're curious to know of any communities that do not > provide any form of a give back to the developers for the IZ units? >Thanks in advance for the insight... >Scott W. Schilt, AICP >Senior Planner >Town of Lexington > 1625 Massachusetts Avenue > Lexington, MA 02420 >(781)862-0500 ext. 246 >------------------------- >This mail was sent to the massplanners internet mailing list, > massplanners@cs.umb.edu Please use > massplanners-request@cs.umb.edu for all messages about list >administration. To unsubscribe, send mail to > massplanners-request@cs.umb.edu >with body consisting of the word unsubscribe > For detailed help, send mail to massplanners-request@cs.umb.edu >with body consisting of the word help ------------------------ This mail was sent to the massplanners internet mailing list, massplanners@cs.umb.edu Please use massplanners-request@cs.umb.edu for all messages about list administration. To unsubscribe, send mail to massplanners-request@cs.umb.edu 3 e with body consisting of the word unsubscribe For detailed help, send mail to massplanners-request@cs.umb.edu with body consisting of the word help ------------------------- This mail was sent to the massplanners internet mailing list, massplanners@cs.umb.edu Please use massplanners-request@cs.umb.edu for all messages about list administration. To unsubscribe, send mail to massplanners-request@cs.umb.edu with body consisting of the word unsubscribe For detailed help, send mail to massplanners-request@cs.umb.edu with body consisting of the word help ------------------------- This mail was sent to the massplanners internet mailing list, massplanners@cs.umb.edu Please use massplanners-request@cs.umb.edu for all messages about list administration. To unsubscribe, send mail to massplanners-request@cs.umb.edu with body consisting of the word unsubscribe For detailed help, send mail to massplanners-request@cs.umb.edu with body consisting of the word help ------------------------- This mail was sent to the massplanners internet mailing list, massplanners@cs.umb.edu Please use massplanners-request@cs.umb.edu for all messages about list administration. To unsubscribe, send mail to massplanners-request@cs.umb.edu . with body consisting of the word unsubscribe For detailed help, send mail to massplanners-request@cs.umb.edu with body consisting of the word help 4 it Sarah Zingarelli, Intern From: owner-massplanners@cs.umb.edu on behalf of Rick Brown [rickb@ci.wellesley.ma.us] Sent: Wednesday, February 01, 2006 3:55 PM To: massplanners@cs.umb.edu Subject: RE: [massplanners] Inclusionary Zoning Guidelines Granted they're not built yet but we have 13 units in the pipeline from two projects. Rick Brown Planning Director When responding, please be advised that the Town of Wellesley and the Office of the Secretary of State has determined that email could be considered a public record. ----Original Message----- From: owner-massplanners@cs.umb.edu [mailto:owner-massplanners@cs.umb.edu]On Behalf Of Roland Bartl Sent: Wednesday, February 01, 2006 2:41 PM To: Susan M. Leven, AICP; Scott Schilt; massplanners@cs.umb.edu Subject: RE: [massplanners] Inclusionary Zoning Guidelines Well - I have done my own thinking and analysis on inclusionary zoning as it might be applied in Massachusetts. While it seems a popular thing to do, I have decided that I cannot recommend it to my community at this time. I prefer to stick with incentives(or call it inclusionary zoning with offsets, if you like), and making the incentives or offsets more interesting to developers if necessary. Here are the reasons: 1. Inclusionary zoning has no solid legal footing in current Massachusetts Chapter 40A or elsewhere in the law. 2. Attorney General approval is not enough comfort level for me. It does not mean that an inclusionary zoning bylaw will withstand the a legal challenge if tested. There is no, or not much, guiding MA case law on this and I don't like being the first given the current constellation of law that's on the books. 3. Development exactions still need to pass a rational nexus test. I know one can make a case for affordable housing, but I have not yet seen it developed well enough to tie it back to a, say 10-, 20-, or 30-unit market rate housing development. In any case, the argument inevitably leads around at least 5 corners. In court, I prefer a straight line argument. 4. If you don't give developers reason to want to develop a affordable housing, they will not do it. So,which developers, other than the ones with a big enough project to absorb the hit, would in their right mind subject themselves to inclusionary zoning. You kick in the requirement at 10 units, I'll build 9; you say 8, I'll build 7. It's easy, because my fellow developers all think the same way and so I stay competitive when making offers on land. (PS: Requiring percentage payment for any projects below the threshold, as the Harwich Planning Board is considering, is a real boondoggle, because it deprives the community of its last line of legal defense, which is that a developer can choose to stay below the threshold to avoid the exaction.) J 5. Question: How many affordable housing units have been produced with inclusionary zoning so far? Does it actually do some good? Roland Bartl, AICP Town,Planner, Town of Acton 472 Main Street Acton, MA 01720 978-264-9636 -----Original Message----- From: owner-massplanners@cs.umb.edu [mailto:owner-massplanners@cs.umb.edu) On Behalf Of Susan M. Leven, AICP Sent: Wednesday, February 01, 2006 1:22 PM To: 'Scott Schilt'; massplanners@cs.umb.edu Subject: RE: [massplanners] Inclusionary Zoning Guidelines Scott, et. al.The Town of Harwich is currently working on an Inclusionary By-law. I will describe what the Planning Board is proposing without any comments on my part: For every 10 new lots (by subdivision or ANR)or 10 units of multi-family housing, one affordable unit must be provided. The developer has the option of creating the unit on-site or off-site, or contributing the cost of an affordable unit(size to be determined by the Planning Board) plus 20% or$50,000, whichever is higher. If you are creating less than 10 new lots or between 3 and 9 multi-family units, you must pay the appropriate percentage of the cash contribution. There is no proposal to provide any give-backs to the developer. Monitoring and administration is required to go through a "not-for-profit housing entity." The sale price calculation comes from the Cape Cod Commission's affordable housing folks. You may also want to look at the HOME Consortium website--access them through the Cape Cod Commission's site--www.capecodcommission.org. I'll be curious to see how it is received by the public when we get to the public hearing stage. Sue Susan M. Leven, AICP Town Planner Town of Harwich 732 Main Street Harwich, MA 02645 508-430-7511 508-432-5039 Fax sleven@town.harwich.ma.us >-----Original Message----- • From: owner-massplanners@cs.umb.edu > (mailto:owner-massplanners@cs.umb.edu] On Behalf Of Scott Schilt > Sent: Wednesday, February 01, 2006 11:38 AM •To: massplanners@cs.umb.edu > Subject: [massplanners] Inclusionary Zoning Guidelines > The Town of Lexington is looking to adopt an Inclusionary > Housing By-Law at TM this year. For those communities with > Inclusionary Zoning regulations, we are curious as to how�you 2 r i >address requirements/guidelines for monitoring and >administration? Of key interest are requirements for >definition of"first time buyers,"asset limits, resale > restriction sloversight, maximum resale price calculations, >and who does the monitoring (town staff?consultants?). Any > links to your by-law or attachments of guidelines to review >would be appreciated. >Also, we're curious to know of any communities that do not > provide any form of a give back to the developers for the IZ units? >Thanks in advance for the insight... > Scott W. Schilt, AICP > Senior Planner >Town of Lexington > 1625 Massachusetts Avenue > Lexington, MA 02420 >(781)862-0500 ext. 246 > >------------------------- >This mail was sent to the massplanners internet mailing list, > massplanners@cs.umb.edu Please use > massplanners-request@cs.umb.edu for all messages about list >administration. To unsubscribe, send mail to > massplanners-request@cs.umb.edu >with body consisting of the word unsubscribe > For detailed help, send mail to massplanners-request@cs.umb.edu >with body consisting of the word help ------------------------- This mail was sent to the massplanners internet mailing list, massplanners@cs.umb.edu Please use massplanners-request@cs.umb.edu for all messages about list administration. To unsubscribe, send mail to massplanners-request@cs.umb.edu with body consisting of the word unsubscribe For detailed help, send mail to massplanners-request@cs.umb.edu with body consisting of the word help ------------------------- This mail was sent to the massplanners internet mailing list, massplanners@cs.umb.edu Please use massplanners-request@cs.umb.edu for all messages about list administration. To unsubscribe, send mail to massplanners-request@cs.umb.edu with body consisting of the word unsubscribe For detailed help, send mail to massplanners-request@cs.umb.edu with body consisting of the word help ------------------------- This mail was sent to the massplanners internet mailing list, massplanners@cs.umb.edu Please use massplanners-request@cs.umb.edu for all messages about list administration. To unsubscribe, send mail to massplanners-request@cs.umb.edu with body consisting of the word unsubscribe For detailed help, send mail to massplanners-request@cs.umb.edu with body consisting of the word help 3 r Sarah Zingarelli, Intern From: owner-massplanners@cs.umb.edu on behalf of Roland Bartl [rbartl@acton-ma.gov] Sent: Wednesday, February 01, 2006 2:41 PM To: Susan M. Leven, AICP; Scott Schilt; massplanners@cs.umb.edu Subject: RE: [massplanners] Inclusionary Zoning Guidelines Well - I have done my own thinking and analysis on inclusionary zoning as it might be applied in Massachusetts. While it seems a popular thing to do, I have decided that I cannot recommend it to my community at this time. I prefer to stick with incentives(or call it inclusionary zoning with offsets, if you like), and making the incentives or offsets more interesting to developers if necessary. Here are the reasons: 1. Inclusionary zoning has no solid legal footing in current Massachusetts Chapter 40A or elsewhere in the law. 2. Attorney General approval is not enough comfort level for me. It does not mean that an inclusionary zoning bylaw will withstand the a legal challenge if tested. There is no, or not much, guiding MA case law on this and I don't like being the first given the current constellation of law that's on the books. 3. Development exactions still need to pass a rational nexus test. I know one can make a case for affordable housing, but I have not yet seen it developed well enough to tie it back to a, say 10-, 20-, or 30-unit market rate housing development. In any case, the argument inevitably leads around at least 5 corners. in court, I prefer a straight fine argument. 4. If you don't give developers reason to want to develop a affordable housing, they will not do it. So, which developers, other than the ones with a big enough project to absorb the hit, would in their right mind subject themselves to inclusionary zoning. You kick in the requirement at 10 units, I'll build 9; you say 8, I'll build 7. It's easy, because my fellow developers all think the same way and so I stay competitive when making offers on land. (PS: Requiring percentage payment for any projects below the threshold, as the Harwich Planning Board is considering, is a real boondoggle, because it deprives the community of its last line of legal defense, which is that a developer can choose to stay below the threshold to avoid the exaction.) 5. Question: How many affordable housing units have been produced with inclusionary zoning so far? Does it actually do some good? Roland Bard, AICP Town Planner, Town of Acton 472 Main Street Acton, MA 01720 978-264-9636 -----Original Message----- From: owner-massplanners@cs.umb.edu [mailto:owner-m ass plan ners@cs.umb.edu] On Behalf Of Susan M. Leven, AICP Sent: Wednesday, February 01, 2006 1:22 PM To: 'Scott Schilt'; massplanners@cs.umb.edu Subject: RE: [massplanners] Inclusionary Zoning Guidelines 1 Scott, et. al. -- The Town of Harwich is currently working on an Inclusionary By-law. I will describe what the Planning Board is proposing without any comments on my part: For every 10 new lots (by subdivision or ANR)or 10 units of multi-family housing, one affordable unit must be provided. The developer has the option of creating the unit on-site or off-site, or contributing the cost of an affordable unit(size to be determined by the Planning Board) plus 20% or$50,000, whichever is higher. If you are creating less than 10 new lots or between 3 and 9 multi-family units, you must pay the appropriate percentage of the cash contribution. There is no proposal to provide any give-backs to the developer. Monitoring and administration is required to go through a "not-for-profit housing entity." The sale price calculation comes from the Cape Cod Commission's affordable housing folks. You may also•want to look at the HOME Consortium website--access them through the Cape Cod Commission's site--www.capecodoommission.org. I'll be curious to see how it is received by the public when we get to the public hearing stage. Sue Susan M. Leven, AICP Town Planner Town of Harwich 732 Main Street, Harwich, MA 02645 508-430-7511 508-432-5039 Fax sleven@town.harwich.ma.us >-----Original Message----- • From: owner-massplanners@cs.umb.edu > [mailto:owner-massplanners@cs.umb.eduj On Behalf Of Scott Schilt >Sent: Wednesday, February 01, 2006 11:38 AM >To: massplanners@cs.umb.edu >Subject: [massplanners] Inclusionary Zoning Guidelines > >The Town of Lexington is looking to adopt an Inclusionary > Housing By-Law at TM this year. For those communities with > Inclusionary Zoning regulations,we are curious as to how you > address requirements/guidelines for monitoring and > administration? Of key interest are requirements for > definition of"first time buyers,"asset limits, resale > restrictions/oversight, maximum resale price calculations, > and who does the monitoring (town staff?consultants?). Any > links to your by-law or attachments of guidelines to review >would be appreciated. >Also, we're curious to know of any communities that do not > provide any form of a give back to the developers for the IZ units? >Thanks in advance for the insight... >Scott W. Schilt, AICP >Senior Planner >Town of Lexington > 1625 Massachusetts Avenue > Lexington, MA 02420 > (781) 862-0500 ext. 246 2 1 > > ------------------------- > This mail was sent to the massplanners internet mailing list, > massplanners@cs.umb.edu Please use > massplanners-request@cs.umb.edu for all messages about list > administration. To unsubscribe, send mail to > massplanners-request@cs.umb.edu >with body consisting of the word unsubscribe > For detailed help, send mail to massplanners-request@cs.umb.edu >with body consisting of the word help ------------------------- This mail was sent to the massplanners internet mailing list, massplanners@cs.umb.edu Please use massplanners-request@cs.umb.edu for all messages about list administration. To unsubscribe, send mail to massplanners-request@cs.umb.edu with body consisting of the word unsubscribe For detailed help, send mail to massplanners-request@cs.umb.edu with body consisting of the word help ------------------------- This mail was sent to the massplanners internet mailing list, massplanners@cs.umb.edu Please use massplanners-request@cs.umb.edu for all messages about list administration. To unsubscribe, send mail to massplanners-request@cs.umb.edu with body consisting of the word unsubscribe For detailed help, send mail to massplanners-request@cs.umb.edu with body consisting of the word help 3 r, Sarah Zingarelii, Intern From: owner-massplanners@cs.umb.edu on behalf of Broadrick, Tom [Tom.Broad rick @town.barnstable.ma.us] Sent: Wednesday, February 01, 2006 2:11 PM To: Susan M. Leven, AICP; Scott Schilt; massplanners@cs.umb.edu Subject: RE: [massplanners] Inclusionary Zoning Guidelines Hi all...without getting too involved, Barnstable has had for years the same sort of general ordinance Sue describes but I understand we lost a court battle to have the"option"and so are unable to collect the fee...so we require the unit to be constructed. Call me for more details 508-862-4703 and as always visit our website at www.town.barnstable.ma.us Tom -----Original Message----- From: owner-massplanners@cs.umb.edu [mailto:owner-massplanners@cs.umb.edu] On Behalf Of Susan M. Leven, AICP Sent: Wednesday, February 01, 2006 1:22 PM To: 'Scott Schilt; massplanners@cs.umb.edu Subject: RE: [massplanners] Inclusionary Zoning Guidelines Scott, et. al. -- The Town of Harwich is currently working on an Inclusionary By-law. I will describe what the Planning Board is proposing without any comments on my part: For every 10 new lots (by subdivision or ANR)or 10 units of multi-family housing, one affordable unit must be provided. The developer has the option of creating the unit on-site or off-site, or contributing the cost of an affordable unit(size to be determined by the Planning Board) plus 20% or$50,000, whichever is higher. If you are creating less than 10 new lots or between 3 and 9 multi-family units, you must pay the appropriate percentage of the cash contribution. There is no proposal to provide any give-backs to the developer. Monitoring and administration is required to go through a "not-for-profit housing entity." The sale price calculation comes from the Cape Cod Commission's affordable housing folks. You may also want to look at the HOME Consortium website--access them through the Cape Cod Commission's site--www.capecodcommission.org. I'll be curious to see how it is received by the public when we get to the public hearing stage. Sue Susan M. Leven, AICP Town Planner Town of Harwich 732 Main Street Harwich, MA 02645 508-430-7511 508-432-5039 Fax sleven@town.harwich.ma.us >-----Original Message----- • From: owner-massplanners@cs.umb.edu > [mailto:owner-massplanners@cs.umb.edu] On Behalf Of Scott Schilt • Sent: Wednesday, February 01, 2006 11:38 AM i >To: massplanners@cs.umb.edu > Subject: [massplanners] Inclusionary Zoning Guidelines > >The Town of Lexington is looking to adopt an Inclusionary > Housing By-Law at TM this year. For those communities with > Inclusionary Zoning regulations, we are curious as to how you >address requirements/guidelines for monitoring and >administration? Of key interest are'requirements for >definition of"first time buyers,"asset limits, resale > restrictions/oversight, maximum resale price calculations, > and who does the monitoring (town staff?consultants?). Any > links to your by-law or attachments of guidelines to review >would be appreciated. >Also, we're curious to know of any communities that do not > provide any form of a give back to the developers for the IZ units? >Thanks in advance for the insight... >Scott W. Schilt, AICP > Senior Planner >Town of Lexington > 1625 Massachusetts Avenue > Lexington, MA 02420 > (781)862-0500 ext. 246 > >------------------------- >This mail was sent to the massplanners internet mailing list, > massplanners@cs.umb.edu Please use > massplanners-request@cs.umb.edu for all messages about list >administration. To unsubscribe, send mail to > massplanners-request@cs.umb.edu >with body consisting of the word unsubscribe > For detailed help, send mail to massplanners-request@cs.umb.edu >with body consisting of the word help ------------------------- This mail was sent to the massplanners internet mailing list, massplanners@cs.umb.edu Please use massplanners-request@cs.umb.edu for all messages about list administration. To unsubscribe, send mail to massplanners-request@cs.umb.edu with body consisting of the word unsubscribe For detailed help, send mail to massplanners-request@cs.umb.edu with body consisting of the word help ------------------------- This mail was sent to the massplanners internet mailing list, massplanners@cs.umb.edu Please use massplanners-request@cs.umb.edu for all messages about list administration. To unsubscribe, send mail to massplanners-request@cs.umb.edu with body consisting of the word unsubscribe For detailed help, send mail to massplanners-request@cs.umb.edu with body consisting of the word help 2 Town of Agawam receives Smart Growth technical assistance grant The Pioneer Valley Planning Commission between municipal officials and developers and (PVPC) has been awarded a $123,658 Regional provides innovative flexible incentives for high 3 Smart Growth technical assistance grant from the marketability, mixed housing types and land uses, Massachusetts Executive Office of Environmental and minimal disturbance to the natural terrain. Affairs to assist 20 communities in the Pioneer * Right-to-Farm Bylaw - The right to farm is Valley with implementation of Stuart Growth vested in all residents of the Commonwealth under strategies identified by each community. Article 97 of the state Constitution. Communities As part of this regional application, the Town interested in formally re-asserting that right within of Agawam was awarded a $7,819 grant with a the community may, pass a Right to Farm Bylaw match requirement of $1,380 (15 percent), half of that clearly states the priorities of the community which will be paid by PVPC. The approved scope relative to fostering agricultural activities and of work for this grant includes development of allowing farms to operate with minimal conflict three bylaws: between abutters and Town agencies. * Inclusionary Zoning Bylaw - Inclusionary . A subcommittee of the Planning Board will zoning is an effective tool that can be used by work with PVPC staff to develop the proposed municipalities to ensure adequate affordable units bylaws. are included in the normal course of real estate For more information about Agawam's Smart development. Growth technical assistance grant, please contact * Open 'Space Residential Development PVPC's Eric Twarog, Project Manager, at (413) (OSRD) Bylaw - OSRD is an approach to residen- 781-6045 or etwarog@pvpc.org, or Deborah S. tial development that promotes open space preser- Dachos, Director of Planning and Community vation based on environmental and social priorities. Development for the Town of Agawam, at (413) It promotes partnership in development design 786-0400.