OVERVIEW OF CHAPTER 40B FUNDAMENTALS

Transcription

1 OVERVIEW OF CHAPTER 40B FUNDAMENTALS The Next Chapter of 40B: A Training on the Latest Deveopments in the Affordabe Housing Law Fa 2011 Presented by CPTC In Cooperation with CHAPA

2 Introduction to 40B History of Chapter 40B 2008 Reguation revisions 2010 Census and Update to SHI Recent Mass SJC court case carifies municipa roe 2

3 40B Information Avaiabe on the Web o o Technica Assistance for ZBA review of 40B Contact Dina Vargo dvargo@mhp.net or (617) Ext. 260 Harwich

4 Statutory Minima/Reguatory Requirements Municipaity has: o Less than 10% of year round housing units on SHI o Less than 1.50% of tota and area zoned for residentia, commercia, or industria use o Project doesn t resut in 0.3% of the tota and area zoned in community for residentia, commercia, or industria use or ten acres, whichever is arger, in any 1 year 4

5 Safe Harbor Provisions Housing Production Pan Recent Progress Toward Housing Unit Minimum Review of Large Projects Reated Appications 5 Frankin

6 Critica 40B Appication Submission Requirements Appicant Status: Pubic Agency, Non-Profit, or Limited Dividend Organization Evidence of Site Contro Project Eigibiity Letter from Subsidizing Agency 6 Westford

7 OTHER 40B APPLICATION SUBMISSION REQUIREMENTS Preiminary Pans Existing site conditions and ocus map Preiminary, scaed, architectura drawings Tabuation of proposed buidings by type, size and ground coverage Preiminary subdivision pan (if appicabe) Preiminary utiities pan List of requested waivers 7

8 Noticing and Conducting the Required Pubic Hearing 7/14/30/15/15/30/180/40/20 DAYS

9 Chapter 40B Performance Requirement Deadines Distribute Appication - 7 Days Notice of Pubic Hearing - 14 Days Open Pubic Hearing 30 Days Safe Harbor Notification - 15 Days Appicant Appea Safe Harbor - 15 Days DHCD Answer - 30 Days Cose Hearing Days Decision - 40 Days Appea - 20 Days 9

10 Scheduing a Site Visit Conduct a site/neighborhood visit eary in the review process Understand Site and neighborhood existing conditions The proposed site pan and buiding design The ocation of abutters who wi be most affected by the proposed deveopment 10

11 Retaining Peer Review Consutants Empoyment of outside consutants Review of studies prepared on behaf of the Appicant, not of independent studies A written resuts and reports are made part of the record 11 Bechertown

12 Securing Sufficient Project Information To Make An Informed Decision 12 Focus on the rea project issues/impacts eary in the review process Peer review and cas for additiona or more detaied information shoud be deayed unti major issues are defined If needed, request additiona information from the Appicant Don t hesitate to ask for graphics that hep carify height, massing, setbacks and overa reationship to neighbors.

13 Baance Regiona Housing Needs with Loca Concerns Heath Safety Environmenta Design Open Space Panning Other Loca Concerns 13

14 Negotiation and Work Sessions 14 Negotiating with deveopers is possibe Work sessions with deveopers can often be productive after initia more forma pubic hearings. Neighbors can be invited to these sessions. A discussions during the session are advisory in nature, no decisions can be made Must compy with Open Meeting Law Sudbury

15 Hoding Deiberation Sessions The Pubic Hearing is cosed Deiberate in a ogica and ordery fashion Discuss Potentia Conditions 15 Andover Review the requested waivers.

16 Drafting and Issuing the Comprehensive Permit Decision The ZBA has three decision aternatives Denia Approva as submitted Approva with conditions 16 Newton

17 Approva with Conditions 17 The conditions shoud not make the Project Uneconomic Conditions and/or requirements must be consistent with Loca Needs The Board sha not reduce the number of units for reasons other than evidence of Loca Concerns within the Board s purview Loca Preference Atteboro

18 Appea of Decision Appeas by the Appicant are made with the Housing Appeas Committee (HAC) Appeas for other parties are made with Superior Court or the Land Court. West Barnstabe 18

19 Zoning Board Of Appeas Of Amesbury v. Housing Appeas Committee Mass. SJC 19 Famouth The SJC noted at the outset of its decision that it was addressing the question of what is the scope of a oca zoning board's authority under c. 40B, s. 21 (s. 21) Separate handout

20 Managing the Comprehensive Permit Subsidizing Agency ZBA/Municipaity 20 Fina Approva Reguatory Agreement, Deed Riders (if ownership), and Monitoring Agreement Lottery, fair housing and oca preference Eigibiity of owners/ tenants Limited Dividend Restriction and Cost Certification Fina engineering and architectura pans accompany appication for a buiding permit Inspections during construction Cost Certification review Lapse of the permit Transfer of the Comprehensive Permit Changes to Permit substantia or insubstantia