Agenda - Planning Commission - 02/03/2005

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not physically implemented. By focusin§ on physical change, photo-raima§in§ moves people to think about design as a public responsibility. The h,ealth of society is a reflection of the willingness of citizens to design, build, and care for the communities they iive in. Photo-reimaging is a useful tool for focusing pubiic attention on these important public tasks. NEWS BRIEFS CHAFq'ER ~oR: A PROMISING NEW t~IECHANI$I~ FOR ENCOURAGING HOUSING CONSTRUCTION IN ~ASSACHUSETTS By Michael $. GiQimo and Matthew/. Lawlor The Massachusetts Le§islature recently adopted Chapter/~oR of the state's general laws, entitled "Smart Growth Zoning and Housing Production." Chapter 4oR takes an innovative approach to boostin§ housing pro- duction, implementing a proposal made in the Commonwealth Housing Task Force's October 2003 report, "guildin§ on Our Herita§e: A Housing Strategy for Smart Growth and Economic Oeve(opment." The task force identified the lack of land zoned for residen- tia[ use in sufficient density as r_he reason for high housin§ costs and [ow heusin§ produc- tion throu§hout Massachusetts. Acknow[ed§in§ [ha[ political and fiscal factors create disincentives for municipalities to support increased housing production, (he fiscal incentives to turn them into proponents;. The task force also saw creative urban design and location near ~xistin§ infrastructure as a means to facilitate desirable development in the form of attractive, livable, and dense resi- dential and mixed-use communities. Accordin§Jy, Chapter 4oR provides finan- cial incentives flowing direcdy to municipali- ties when they adopt overlay districts intended to facilitate the production of housing at speci- fled "smart growth" locations. A municipality may propose a "smart §rowth zoning district" as an over[ay to its existing zoning in "eli§ibie locations" near transit stations; in areas of concentrated deveJopment, including town and city centers, axis[in§ commercial districts, and existing rural village districts; and because "their infra- structure, transportation access, existing underutilized facilities, and/or location make highly suitable locations for residential or mixed-use" development. Allowed densities in the proposed district must be at least 2o units per acre of developable land area (DUI) for multifamily housing, t2 per acre for two- and three-family dwellings, and eight per acre for single-family housing, Infi[[ housing on existing vacant lots must also be permitted. At least 2o percent of the units in the district as a whole and zo percent in any sin§ia development of 12 or more units must be affordable to households with incomes below ,3o percent of the area median income. The district may provide for mixed-use development containing a mixture. of some or ail of single- and muitifami[¥ resf- den[iai, commercial institutional, industrial, ~r~d )[her .'.'-es. · Design standards for the districts must "provide for hi§h-density quality development consistent with the character ... traditionally found in densely set[ted areas of the city ... [ town or ... region .... "Importantly, the statute provides that a municipality may not adopt a desi§n standard adding "unreasonable costs" to or "unreasonably impair[in§j the economic feasibility of proposed proiects." Chapter 4oR provides three ~pes of financial incentives for adopting' qualifying districts. To be eligible, the proposed smart growth zonin§ ordinance or bylaw, along with the municipality's comprehensive housing' plan and other information, must be pre- sen[ed to the Oepattment of Housin§ and Community Development (DHCD) for a prelim- inary eligibility determination, After municipal adoption, OHCD must confirm the eligibility determination. The municipality is then eli§i- bio to receive'a one-time "zonin§ incentive payment" under a schedule set forth in the statute. The amount is based on the number of units of new construction allowed within the overlay district above the number allowed by undertyin§ zonin§. The payment, ranging from as ~ittle as Sro,aaa for districts poten- tially creating up to 20 additional units $6oo,ooo for districts potentially creadn§ 5o~ or more units, must be made within ~_o days of DHCD's final eli§ibility determination. Municipalities also become eli§ible for a "density bonus payment" in the amount of $~,ooo for each new unit actually created, payable within ~o days of submission of proof ~f building permit issuance. Payments are to be made out of the newly created Smart ,_-ONING ,':q,;C-;F:: AMERICAN PLANNli/G ASSOCIATION 108