Bill Text: MA S739 | 2009-2010 | 186th General Court | Introduced
Bill Title: For legislation relative to affordable housing community planning
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-04-06 - Senate concurred [S739 Detail]
Download: Massachusetts-2009-S739-Introduced.html
The Commonwealth of Massachusetts
_______________
PRESENTED BY:
James B. Eldridge
_______________
To the
Honorable Senate and House of Representatives of the Commonwealth of
Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill:
An Act Relative to Affordable Housing Community Planning.
_______________
PETITION OF:
Name: |
District/Address: |
James B. Eldridge |
Middlesex and Worcester |
Susan C. Fargo |
Third Middlesex |
Jennifer M. Callahan |
18th Worcester |
Karen E. Spilka |
Second Middlesex and Norfolk |
The Commonwealth of
Massachusetts
_______________
In the Year Two Thousand and Nine
_______________
An Act Relative to Affordable Housing Community Planning.
Be
it enacted by the Senate and House of Representatives in General Court
assembled, and by the authority of the same, as follows:
SECTION 1. Section 15 of chapter 19 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by adding the following paragraph:-
(k) to collect and maintain information on the number of group home units in each community and report such information, including the location of such group home units, to the department of housing and community development on an annual basis. Such location shall be held by the department of housing and community development subject to chapter 66A.
SECTION 2. Paragraph (b) of section 15 of chapter 19B of the General Laws, as so appearing, is hereby amended by adding the following sentence:—
The department of mental retardation shall report the number of group home units in each city or town on an annual basis to the department of housing and community development. The department of mental retardation shall also report the location of such group homes to the department of housing and community development. Such location shall be held by the department of housing and community development subject to chapter 66A.
SECTION 3. Section 3 of chapter 23B of the General
Laws, as so appearing, is hereby amended by adding the following clause:-
(w) count the number of low or moderate income housing units, as defined by
chapter 40B and the accompanying department of housing and community
development regulations, in each city or town in the commonwealth on a biennial
basis.
SECTION 4. Section 20 of chapter 40B of the General
Laws is hereby amended by striking out section 20, as amended by section 181 of
chapter 26 of the acts of 2003, and inserting in place thereof the following
section:—
Section 20. As used in this section and in sections 20A to 23, inclusive, the
following words shall, unless a different meaning clearly appears from the
context, have the following meanings:—
“Affordable housing threshold”, each city or town shall have a minimum
affordable housing threshold such that at least 10 percent of year round
housing units, as enumerated in the most recent federal decennial census, meet
the requirements for inclusion on the subsidized housing inventory or on sites
comprising 1 and one-half per cent or more of total land area zoned for
residential, commercial or industrial use in a manner consistent with sections
20 to 23, inclusive.
“Committee”, the housing appeals committee.
“Consistent with local needs”, shall have the meaning set forth in section 20A.
“Department”, the department of housing and community development.
“Family”, 2 or more persons who live or will live regularly in a unit as their
primary residence whose income and resources are available to meet the family’s
needs and who are either related by blood, marriage, operation of law or who
have otherwise evidenced an inter-dependent relationship.
“Group home units”, community housing units or beds serving clients of the
department of mental retardation or the department of mental health which are
located in a non-institutional setting. Each such community housing unit or bed
shall serve 1 client.
“Local board”, any town or city board of survey, board of health, planning
board, conservation commission, building inspector or the officer or board
having supervision of the construction of buildings or the power of enforcing
municipal building laws, or city council or board of selectmen or other boards
exercising power specified locally.
“Local program”, a housing program established and administered by a city, town
or county which has been authorized and approved by the department.
“Low or moderate-income households”, individuals or families living in a
housing unit with combined incomes no higher than 80 percent of the median
income for the county in which the housing unit is located or an area as
defined by the United States Office of Management and Budget, whichever is
lower, as determined by the United States department of housing and urban
development or, in the absence of such a determination, by the department.
“Low or moderate-income housing”, any year round housing subsidized by the
federal or state government under any program, or subsidized by a local
government under a local program authorized and approved by the department, to
produce housing which serves low or moderate-income households as defined in
this chapter.
“Subsidy”, the provision of: direct financial assistance; indirect financial
assistance including insurance, guarantees, or other means; in kind assistance;
technical assistance; or of other supportive services through a federal, state
or local housing program to assist the construction of low or moderate-income
housing.
“Subsidizing agency”, any agency or entity of state, federal or local
government which subsidizes the construction or substantial rehabilitation of
low or moderate-income housing and any housing authority acting pursuant to
clause (m) of section 26 of chapter 121B.
“Uneconomic”, any condition brought about by any single factor or combination
of factors to the extent that such condition makes it impossible for a public
agency or nonprofit organization to proceed in building or operating low or
moderate income housing without financial loss, or for a limited dividend
organization to proceed and still realize a reasonable return in building or
operating such housing within the limitations set by the subsidizing agency on
the size or character of the development or on the amount or nature of the
subsidy or on the tenants, rentals and income permissible, and without
substantially changing the rent levels and units sizes proposed by the public,
nonprofit or limited dividend organizations.
SECTION 5. Said chapter 40B is hereby further
amended by inserting after section 20 the following four sections:—
Section 20A. Decisions and requirements by the planning board shall be
considered consistent with local needs if they are reasonable in view of the
regional need for low or moderate income housing considered with the number of
low and moderate income persons in the city or town affected and the need to
protect the health or safety of the occupants of the proposed housing or of the
residents of the city or town, to promote better site and building design in
relation to the surroundings, or to preserve open spaces and the quality of
drinking water supply and water resources; and if such decisions and
requirements are applied as equally as possible to both subsidized and
unsubsidized housing. Decisions and requirements shall also be deemed
consistent with local needs when imposed by a planning board after
comprehensive hearing in a city or town where:
(1) low or moderate-income housing exists which is at least 10 per cent of the
year round housing units reported in the most recent federal decennial census
of the city or town; or on sites comprising one and one-half per cent or more
of total land area zoned for residential, commercial or industrial use; (2) the
development is large scale for the city or town in which it is proposed. A
proposed development shall be large scale if: (a) in a city or town which has a
total number of 7,500 or more year round housing units as enumerated in the
most recent federal decennial census, the application for a comprehensive
permit involves construction of more than 300 housing units or a number of
housing units equal to or greater than 2 per cent of all housing units in the
city or town, whichever number is greater; or (b) in a city or town which has
between 5,000 and 7,500 year round housing units exclusive, as so enumerated,
the application for a comprehensive permit involves construction of more than
250 housing units; or
(c) in a city or town which has between 2,500 and 5,000 year round housing
units inclusive, as so enumerated, the application for a comprehensive permit
involves construction of more than 200 housing units; or (d) in a city or town
which has less than 2,500 year round housing units, as so enumerated, the
application for a comprehensive permit involves construction of more than 150
housing units; or (3) the city or town has made recent progress toward
attaining its affordable housing threshold. Recent progress toward its
affordable housing threshold shall mean that the number of housing units that
have been created during the 12 months prior to the date of the comprehensive
permit application and that are eligible to be included on the subsidized
housing inventory equal to or greater than 2 per cent of the city or town’s
total year round housing units as enumerated in the most recent federal
decennial census; or (4) 12 months has not elapsed between the date of
application for a comprehensive permit and the date of the most recent pendency
of a prior application for a variance, special permit, subdivision or other
approval related to construction on the same land if that prior application
included no provision for low or moderate income housing, provided that any
such application shall not be considered a prior application if it concerns
only insubstantial changes to an existing use; (5) the city or town has adopted
an affordable housing plan approved by the department pursuant to which there
is an increase in its number of low or moderate-income housing units eligible
for inclusion on the subsidized housing inventory by at least one-half of 1 per
cent of total year round housing units every calendar year until housing needs
are met pursuant to this chapter, subject to paragraphs (a) and (b).
(a) The affordable housing plan shall be based upon a comprehensive housing
needs assessment, which shall include an analysis of the most recent federal
decennial census data of the city or town’s demographics and housing stock,
development constraints as well as of the city or town’s ability to mitigate
them, and the city or town’s infrastructure.
(b) The affordable housing plan shall address the matters set out in guidelines
adopted by the department, including:—
(i) a mix of housing, such as rental and homeownership opportunities for
families, individuals, persons with disabilities or special needs, and the
elderly that are consistent with local needs and feasible within the housing
market in which they will be situated;
(ii) the strategy by which the city or town will achieve its housing goals
based upon its comprehensive needs assessment;
(iii) the characteristics of projects the city or town prefers that are
consistent with the guidelines established by the department for smart growth
and development including, but not limited to, redevelopment and adaptive
reuse, cluster housing, higher-density housing, transit or pedestrian-oriented
development which provides access to jobs and services, resource efficient
buildings, and development in locations with existing infrastructure;
(iv) a description of the use restrictions which shall be imposed on lower
moderate-income housing units to ensure that each unit will remain affordable
to and occupied by low or moderate-income households;
(v) the identification of zoning districts or geographic areas which permit
residential uses which the city or town proposes to modify or has created for
the purposes of low or moderate-income housing developments;
(vi) the identification of specific sites or characteristics of sites for which
the city or town will encourage the filing of comprehensive permit applications
pursuant to section 21; and
(vii) city or town owned parcels, if any, for which the city or town commits to
issue requests for proposals to develop low or moderate-income housing.
(c) Upon submission to the department, the plan shall also be submitted to the
regional planning district established pursuant to this chapter or the Cape Cod
commission, established pursuant to section 18 of chapter 716 of the Acts of
1989, or the Martha’s Vineyard commission, established pursuant to chapter 831
of the Acts of 1977, within such district or commission area such project is
located or any other regional planning district hereafter established by the
general court, which shall have 30 days to comment to the department on the
implications of the plan for housing need, growth and development concerns, and
other relevant matters. Within 90 days after its submission to the department
by a city or town’s chief executive officer, the department shall approve the
plan if it meets the requirements specified herein, otherwise, it shall
disapprove the plan. The department shall notify the city or town of its
decision to either approve or disapprove a plan in writing. If the department
disapproves a plan, the notification shall include a statement of reasons for
the disapproval. A city or town that originally submitted a plan that had been
disapproved may submit a new or revised plan to the department at any time. A
city or town may amend its plan from time to time if the department approves
the amendment. If the department fails to mail notice of approval or
disapproval of a plan or plan amendment within 90 days after its receipt, the
plan or plan amendment shall be deemed to be approved.
(d) The department shall certify annually whether a city or town is in
compliance with an approved plan. The department shall determine whether a city
or town is in compliance within 30 days of receipt of a city or town’s request
for such a certification. A city or town shall be in compliance if it has
reached the benchmarks established in its approved plan and has made all
changes necessary to accommodate future planned development. If the department
determines the city or town is in compliance with its plan, the certification
shall be retroactive to the date the certification was requested. Provided
further, if a city or town fails to achieve the goals established in the
approved plan and as documented on the subsidized housing inventory the city or
town shall not be in compliance with its plan and shall submit a new plan for
certification by the department.
(e) Units which were created and which became eligible to be counted toward a
city or town’s affordable housing threshold between August 1, 2002 and December
31, 2002 shall be credited toward the city or town’s affordable housing
threshold for the first year of planned production under an approved affordable
housing plan, regardless of the date the plan is submitted to or certified by
the department. An approved plan shall take effect for the purpose of the
definition of consistent with local needs in this section only when the
department certifies that the city or town has approved permits resulting in an
initial annual increase in its low-or moderate-income housing units of at least
one-half of 1 per cent of total year round housing units in accordance with its
plan. It is the responsibility of the city or town to request such
certification from the department. Once the department has made such a certification
of initial compliance and subsequent annual certifications of compliance:—
(1) The board may, in its discretion, deny, or approve with conditions, any
comprehensive permit applications for the period of 1 year from any
certification, and such denial or approval with conditions shall be deemed
consistent with local needs; or, alternatively,
(2) The board may, in its discretion, deny or approve with conditions any
comprehensive permit applications for the period of 2 years from any
certification, if, in the year it was certified, the city or town has increased
its low or moderate-income housing stock by at least .5 per cent of total year
round housing units in a manner consistent with the plan, or alternatively,
(3) The board may, in its discretion, deny, or approve with conditions, any
comprehensive permit applications for the period of 3 years from any
certification, if, in the year it was certified, the city or town has increased
its low or moderate-income housing stock by at least .5 per cent of total year
round housing units in a manner consistent with the plan; or
(6) the board has approved 3 or more comprehensive permits, at least 3 of which
contain 20 or more housing units each within 12 months preceding the filing of
an application for a comprehensive permit and those permits have become final.
The board shall have the authority to choose among multiple applicants which
comprehensive permits will be accepted.
A developer that has requested a zoning change and that request has been
accepted by the town meeting or the city council may not seek a 40B approval
for one year following the zoning change.
Section 20B. (a)(1) To be eligible to submit an
application for a comprehensive permit or to file or maintain an appeal before
the committee, the applicant and the project shall fulfill the following
jurisdictional requirements:–
(i) The applicant shall be a public agency, a nonprofit organization, or be, or
agree to become, limited dividend organization. An applicant shall satisfy the
limited dividend organization requirement if the owner of the project
stipulates in writing to execute a regulatory agreement with a subsidizing
agency which limits the owner’s return on building or operating the project to
the amounts set by the subsidizing agency or program if a comprehensive permit
is issued. Such regulatory agreement shall be recorded or filed prior to the
beginning of construction of the land records with the registry of deeds or
land court in the registry district or district office of the land court in
which the project is located;
(ii) the project shall be fundable by a subsidizing agency under a low and
moderate-income housing subsidy program;
(iii) the applicant shall control the site; and
(iv) The proposed development shall contain no less than 25 per cent of its
total housing units as units affordable to low or moderate-income households,
or in the alternative a proposed development may contain no less than 20 per
cent of its total housing units as affordable to households whose income does not
exceed 50 per cent of the area median income; provided, further, that the
inclusion of commercial, recreational or other land uses which are in
conjunction with the housing development shall not preclude eligibility.
(2) Fundability shall be established by submission of a written determination
of project eligibility by a subsidizing agency as follows: (i) A determination
of project eligibility shall include: (A) the name and address of the
applicant; (B) the address of the site and site description; (C) the number and
type, either homeownership or rental, of housing units proposed; (D) the name
of the housing program or programs under which project eligibility is sought;
and (E) relevant details of the particular project if not mandated by the
housing program, including the percentage of units for low or moderate-income
households, income eligibility standards, the duration of use restrictions
requiring occupancy by low or moderate-income households, and the limited
dividend status of the developer;
(ii) a determination of project eligibility shall make the following findings:
(A) that the proposed project appears generally eligible under the requirements
of the housing programs, subject to final review of eligibility and to final
approval; (B) that the subsidizing agency has performed an on-site inspection
of the site and has reviewed pertinent information submitted by the applicant;
(C) that the proposed housing design and density are generally appropriate for
the site on which it is located, taking into account surrounding land uses,
proximity to transportation, services and public utilities, and design to
minimize land use impacts; (D) that the proposed project appears financially
feasible within the housing market in which it will be situated, based on comparable
rentals or sales figures; (E) that an initial pro forma has been reviewed and
the project appears financially feasible on the basis of estimated development
costs; and
(F) that the developer of the proposed project meets the general eligibility standards
of the housing program or programs.
(iii) In addition to the foregoing, a subsidizing agency shall consider the
following in making a determination of project eligibility; overall density and
size; environmental impact, including impacts on watersheds, rivers, and water
bodies, wildlife habitat and existing land uses; consistency with principles of
smart growth, including without limitation land use protections set forth in
the open space and recreation plans adopted by the planning board of the municipalities,
or by the town meeting or city council and approved by the executive office of
energy and environmental affairs; impact on historical resources; the impact of
other pending applications for housing development; and other local concerns of
the city or town where the project is located.
(iv) Within 10 days of filing of its application for a determination of project
eligibility with a subsidizing agency for preliminary approval of a project,
the applicant shall serve written notice upon the director of the department.
(v) Within 10 days of filing the application for a determination of project
eligibility the applicant shall provide written notice and a copy of such
application to the chief executive officer of the involved city or town and to
the members of the general court representing such city or town. The applicant
shall also provide written notice of the application to the board of zoning
appeals, board of health, conservation commission, water and sewer district,
fire and police. Within 30 days after such notice, the chief executive officer
or designee of the chief executive officer may schedule and hold a meeting at a
location within the involved city or town. The meeting shall be chaired by the
city or town’s chief executive officer or designee and shall be attended by the
applicant or its representative. Representatives from local boards are
encouraged to attend the meeting and provide written comment. The purpose of
the meeting is to allow the applicant and the city or town representatives to
informally discuss the preliminary proposal so that the parties involved can
develop an understanding of the proposal and to respond to concerns raised in
an effort to achieve an outcome that meets the needs of the involved city or
town as well as the applicant. In addition, a representative from a public or
quasi-public housing agency, or a regional planning agency within the regional
planning district or its designee knowledgeable with respect to chapter 40B may
provide technical assistance on topics including, but not limited to, site
design and density, open space, marketing, use restrictions, allowable costs
and profit limitations. Following the close of the meeting, the chief executive
officer of the city or town, local boards, and the regional planning district
may issue written comments within 14 days to the subsidizing agency.
(vi) Within 10 days of receipt of a written determination of project
eligibility from the subsidizing agency, the applicant shall serve a copy of
that determination upon the director of the department.
(vii) An applicant which has obtained a determination of project eligibility
shall be presumed to be eligible to submit an application for comprehensive
permit or to file or maintain an appeal before the committee. Nothing set forth
in this section shall be deemed to confer upon any city or town, or any of its
boards, committees, commissions or officials, or upon any other person the
right to appeal or judicial review in any form the determination of project
eligibility by the subsidizing agency, it being intended that the rights of
appeal conferred by sections 21 and 22 shall be the exclusive remedy for any
party aggrieved by the issuance or denial of any comprehensive permit
hereunder.
(viii) If project funding is provided through a non-governmental entity, a
public or quasi-public entity authorized by the department shall make the
determination of project eligibility. The designated entity that issued the
project eligibility determination shall administer the project thereafter as
specified in program guidelines issued by the department.
(3) A showing that the applicant, or any entity 50 per cent or more of which is
owned by the applicant, owns a 50 per cent or greater interest, legal or
equitable, in the proposed site, or holds any option or contract to purchase
the proposed site, shall be considered by the board or the housing appeals
committee to be conclusive evidence of the applicant’s interest in the site.
(4) No determination of project eligibility shall be issued for a project
sooner than 45 days after the filing of its application with the subsidizing
agency for preliminary approval of the project. A determination of project
eligibility shall be for a particular financing program or programs. An
applicant may proceed under alternative financing programs if the application
to the board or appeal to the committee so indicates and if full information
concerning the project under the alternative financing arrangements is
provided.
(5) Failure of the applicant to fulfill any of the requirements in this section
may be raised by the housing appeals committee, the board, or a party at any
time, and shall be cause for dismissal of the application or appeal. No
application or appeal shall be dismissed, however, unless the applicant has had
at least 60 days to remedy the failure.
(b) In order to appeal to the committee, an applicant shall have applied to the
board for a comprehensive permit in accordance with section 21 of this chapter
and shall have been denied such permit or shall have been granted such permit
with conditions which it alleges make the building or operation of such housing
uneconomic.
(c) (1) A city or town may record progress towards its affordable housing
threshold as documented in the subsidized housing inventory in the following
manner:
(i) (a) if at least 25 per cent of housing units within a development are
restricted to serve low or moderate-income households, 100 per cent of housing
units within the development shall be eligible to be included toward the city or
town’s affordable housing threshold, but if fewer than 25 per cent of housing
units within a development are restricted to serve low or moderate-income
households, only those units which serve low or moderate-income households
shall be eligible to be included toward the city or town’s affordable housing
threshold or (b) if at least 20 per cent of housing units within a development
are restricted to serve households with household income at or below 50 per
cent of area median income, 100 per cent of housing units within the
development shall be eligible to be included toward the city or town’s
affordable housing threshold but, f fewer than 25 per cent of housing units
within a development are restricted to serve low or moderate-income households,
only such restricted units shall be eligible to be included toward the city or
town’s affordable housing threshold;
(ii) (a) if at least 25 per cent of housing units within a development are
restricted to serve low or moderate-income households, 2 times the actual number
of such restricted units, not to exceed the total number of homeownership units
authorized by the permit shall be included toward the city or town’s affordable
housing threshold or (b) if at least 20 per cent of housing units within a
development serve households earning at or below 50 per cent of area median
income, 2 times the actual number of units serving such households, not to
exceed the total number of homeownership units authorized by the permit shall
be included toward the city or town’s affordable housing threshold, but if
fewer than 25 per cent of housing units within a development are restricted to
serve low or moderate-income households, only such units which are restricted
to serve low or moderate-income households shall be eligible to be included
toward the city or town’s affordable housing threshold;
(iii) any community housing, as defined in chapter 44B which is subject to a
use restriction requiring occupancy by low or moderate income households,
provided further, that such housing payment exclusive of utilities shall not
exceed 30 per cent of monthly income of a household at or below 80 per cent of
area median income, adjusted for household size, shall be eligible to be
included toward the city or town’s affordable housing threshold;
(iv) any accessory apartment which is approved pursuant to a city or town’s
ordinance or bylaw and is occupied by persons of low or moderate income;
provided further, that such rental payment exclusive of utilities shall not
exceed 30 percent of monthly income of a household earning at or below 80
percent of area median income, adjusted for household size, shall be eligible
to be included toward the city or town’s affordable housing threshold. Each
such accessory apartment unit shall be subject to a use restriction, which may
be revocable upon the sale of the principal residence. Each city or town shall
certify annually the number of such accessory apartments within its borders;
(v) all group home units in each city or town as reported annually by the
department of mental health and the department of mental retardation to the
department shall be eligible to be included toward the city or town’s
affordable housing threshold;
(vi) housing units created under a local program or subsidy or which qualify as
local initiative units pursuant to regulations promulgated by the department
and restricted to serve low or moderate income households as defined in this
chapter shall be eligible to be included toward the city or town’s affordable
housing threshold as documented on the subsidized housing inventory;
(vii) low or moderate income housing created pursuant to section 60 of chapter
40 and subject to a use restriction provided; further, that such housing
payment exclusive of utilities shall not exceed 30 per cent of monthly
household income of a household earning at or below 80 per cent of area median
income shall be eligible to be included toward the city or town’s affordable
housing threshold;
(viii) in instances where housing units were developed to serve low or moderate
income households and the use restriction has expired as a result of
refinancing or operation of law or otherwise, only those housing units that
continue to serve low or moderate-income households; provided further, that if
such units were constructed pursuant to a comprehensive permit under chapter
40B they shall be eligible to be included toward the city or town’s affordable
housing threshold; and
(ix) 50% of the homes in a community, as defined by section 32Q of chapter 140,
shall be eligible to be included toward the city or town’s affordable housing
threshold as documented on the subsidized housing inventory.
(d) The department shall maintain an inventory of low or moderate income
housing units. Such inventory shall be published biennially; provided further,
that such inventory shall be updated for a specific city or town upon request
by such city or town supported by the evidence thereof. Housing units
authorized by a comprehensive permit or special permit which authorizes the
creation of low or moderate income housing subject to a use restriction shall
be eligible to be included toward a city or town’s affordable housing threshold
as recorded on the subsidized housing inventory when such comprehensive permit
or special permit becomes final, provided that housing units for which building
permits have not been issued within 1 year of the date when such comprehensive
permit or special permit became final shall no longer be eligible to be counted
toward the city or town’s affordable housing threshold until the building
permits have been issued. The department may for good cause waive such time
requirement. Low or moderate income housing units not authorized pursuant to
such comprehensive permit or special permit shall be eligible to be counted
toward the city or town’s affordable housing threshold when a building or
occupancy permit is issued.
Section 20C. The Massachusetts Housing Partnership
Fund board, as established by section 35 of chapter 405 of the acts of 1985, or
its designee, shall make technical assistance available to local zoning boards
of appeal to assist in their review of applications for comprehensive permits.
No subsidizing agency shall issue a determination of project eligibility or
site approval unless a fee to defray the costs of such technical assistance
program has been collected from the applicant and remitted to the Massachusetts
Housing Partnership Fund board in accordance with a fee schedule adopted by the
department. Such fee shall be payable upon the filing of a comprehensive permit
application.
Section 20D. The department shall promulgate regulations and establish
programs, policies, guidelines and necessary fee schedules to implement
sections 20 to 23, inclusive, of this chapter. The department shall make
available planning and housing development information and technical assistance
to assist cities and towns in reaching their affordable housing threshold as
defined in this chapter.
SECTION 6. Section 21 of said chapter 40B, as so appearing, is hereby amended by striking out, in lines 3 and 4, the following words: “board of appeals, established under section twelve of chapter forty A” and inserting in place thereof the following words: planning board, established under section 70 of chapter 41.
SECTION 7. Said section 21 of said chapter 40B, is hereby further amended by striking out, in lines 5, 9, 17, 20 and 24 the following words: “board of appeals” and inserting in place thereof, in each instance, the following words: planning board.
SECTION 8. Section 22 of said chapter 40B, as so appearing, is hereby amended by striking out, in lines 7 and 10, the following words: “board of appeals” and inserting in place thereof, in each instance, the following words: planning board.
SECTION 9. Section 23 of said chapter 40B, as so appearing, is hereby amended by striking out, in lines 4, 9, 23 and 30, the following words: “board of appeals” and inserting in place thereof, in each instance, the following words: planning board.
SECTION 10. The first paragraph of section 23 of
said chapter 40B, as so appearing, is hereby amended by inserting after the
first sentence the following sentence:—
The committee shall receive evidence of and shall consider the following
matters: (1) a city or town’s master plan, comprehensive plan or community
development plan, and (2) the results of the city or town’s efforts to
implement such plans.
SECTION 11. Notwithstanding any general or special law to the contrary, no application for a comprehensive permit filed pursuant to sections 20 through 23 of chapter 40B before the effective date of this act shall be denied as a result of changes pursuant to this act.
SECTION 12. There is hereby established a special commission to study the opportunity to increase the availability of housing for extremely low to moderate-income families and individuals in the commonwealth by prioritizing the redevelopment of brownfield sites, so-called, and commercial areas for residential purposes. Said commission shall consist of 3 members of the senate, 3 members of the house of representatives, 1 from each branch shall serve as co-chairmen, the director of housing and community development or his designee, the director of Massachusetts Development Finance Agency or his designee, and 5 persons to be appointed by the governor, 1 of whom shall be a representative from Citizen’s Housing and Planning Association, Inc., 1 of whom shall be a representative of the Greater Boston Chamber of Commerce, 1 of whom shall be a representative from the Massachusetts Homebuilders Association, and 1 of whom shall be a representative from the Massachusetts Municipal Association. Said commission shall file its recommendations together with the recommendations for legislation, if any, with the house and senate clerks who shall forward the same to the house and senate committees on housing on or before November 15th, 2009.
SECTION 13. Seventy-five per cent of assisted living units as defined under the General Laws, requiring an entrance deposit and a monthly fee shall be considered as rental housing units.
SECTION 14. This act shall take effect on December 1, 2010.