8411_ZONING AMENDMENT - INCLUSIONARY ZONING - PLANNING BOARD $�I ��
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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
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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
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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>
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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.
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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,
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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
> -------------------------
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> 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
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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
>
-------------------------
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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
-------------------------
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-------------------------
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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
-------------------------
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Please use massplanners-request@cs.umb.edu for all messages about list administration. To
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-------------------------
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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
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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
-------------------------
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massplanners-request@cs.umb.edu
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For detailed help, send mail to massplanners-request@cs.umb.edu
with body consisting of the word help
------------------------
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-------------------------
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massplanners-request@cs.umb.edu
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-------------------------
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-------------------------
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Please use massplanners-request@cs.umb.edu for all messages
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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
------------------------
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3
e
with body consisting of the word unsubscribe
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massplanners@cs.umb.edu
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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
-------------------------
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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.
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-------------------------
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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
-------------------------
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massplanners@cs.umb.edu
Please use massplanners-request@cs.umb.edu for all messages
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-------------------------
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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.