Affordable housing§350-6.12.Affordable housing.
Whereas, the “Massachusetts Comprehensive Permit Law” (Massachusetts General
Laws Chapter 40B, Sections 20 to 22) and the “Massachusetts Comprehensive Permit:
Low- and Moderate-Income Housing” regulations (760 CMR 56.00), allow for a single
local board to administer and to waive any and all local zoning ordinances and other
local ordinances and regulations, as the single approving authority, to encourage
affordable housing, upon obtaining a site eligibility letter from the Massachusetts
Department of Housing and Community Development (DHCD). Such site eligibility
letter creates a burden for some projects, especially small projects. It requires the
paying of a fee, the calculation of a developer's reasonable return, and the provision of
architectural elevations, among other requirements;
Whereas, it is the City's intention to provide some zoning relief, consistent with City
needs, and while avoiding the need for a DHCD site eligibility letter:
A.All projects approved under this section must meet the following criteria:
(1)At least 50% of the residential units being created shall be "affordable units."
(2)All permanent energy sources (thermal loads, hot water, and electric loads)
shall be from grid-supplied electricity or otherwise not use fossil fuels (natural
gas, propane, oil). This shall not apply to emergency generators, outdoor
grilling, or mobile energy uses.
(3)Prior to obtaining a building permit, the applicant shall obtain a) DHCD
approval as Local Initiative Program (LIP) units, so that all affordable units
created under this section can be listed by DHCD on their Subsidized Housing
Inventory; or b) show evidence of commonwealth funding that requires units
to be counted on the DHCD SHI.
(4)Prior to obtaining a building permit, the applicant shall obtain site plan
approval.
B.The Planning Board may approve affordable housing projects as part of a site plan
approval when:
(1)The allowable dwelling units per acre (density) of the entire project is 250%
of that otherwise allowed by this zoning ordinance in the zoning district in
which the property is located. There are no other minimum lot size
requirements for any lots created under this section.
(2)The minimum frontage, lot depth, and lot width is at least 40% of that
otherwise required by this zoning ordinance in the zoning district in which the
property is located.
(3)When significant trees on the property are cut, they shall be replaced on site
with new trees to the extent feasible without blocking solar photovoltaic or hot
water systems, but no payment in lieu is required when such planting is not
feasible. Full mitigation is required for cutting public shade trees.
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(4)All other zoning applies and is complied with.
C.The Planning Board may issue a special permit for additional zoning dimensional
and density relief when:
(1)The application specifically details requested zoning relief to ensure that the
project and project permit conditions are not uneconomic, as defined by MGL
c. 40B and 76 CMR 56.00.
(2)The Planning Board finds that the project, with a special permit for the
requested zoning relief, still meets local concerns (as defined in 760 CMR
56.00 and as evidenced by the City's Master, Comprehensive, and strategic
plans).
(3)The Planning Board finds that the special permit conditions of §350-10 are
met.
§350-6.12 §350-6.12
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