Sara, I don't want to get into a tit-for-tat with you, but the exception you note, that is, that a town with an pre-existing zoning requirement in excess of 10% of project units can require the higher level (in our case 15% of units) if it is not economically prohibitive. I'll just note that the recent Oriole Landing project had 25% affordability with some economic incentives from the town (that is why we have an affordable housing trust), so we have a pretty good argument that 15% is attainable. That said, I believe that we would also have to work to make sure that the rest of the units are not million dollar condos! Best, Gary
Sent from my iPad On Mar 16, 2023, at 5:21 PM, Sara Mattes <[email protected]<mailto:[email protected]>> wrote: External Email from: [email protected] It must be noted that the Housing Choice Act is NOT about affordable housing. As stated in the act, it does NOT include any requirement of affordability. In fact, it appears to impose some restrictions on a town’s efforts to impose affordability on an HCA development. b. Affordability requirements Section 3A does not include any express requirement or authorization for an MBTA community to require affordable units in a multi-family housing project that is allowed as of right. It is a common practice in many cities and towns to require affordable units in a multi-family project that requires a special permit, or as a condition for building at greater densities than the zoning otherwise would allow. These inclusionary zoning requirements serve the policy goal of increasing affordable housing production. If affordability requirements are excessive, however, they can make it economically infeasible to construct new multi-family housing. For purposes of making compliance determinations with Section 3A, DHCD will consider an affordability requirement to be consistent with as of right zoning as long as: (i) any affordable units required by the zoning are eligible to be listed on DHCD’s Subsidized Housing Inventory; (ii) the zoning requires not more than 10 percent of the units in a project to be affordable units; and (iii) the cap on the income of families or individuals who are eligible to occupy the affordable units is not less than 80 percent of area median income. Notwithstanding the foregoing, the percentage of units required to be affordable units may be up to, but not more than, 20 percent of the units in a project, only if (i) the affordability requirement applicable in the multi-family zoning district pre- dates the enactment of Section 3A and the MBTA community demonstrates to DHCD that the affordability requirement has not made and will not make multi-family housing production infeasible, or (ii) the multi-family zoning district requires DHCD review and approval as a smart growth district under chapter 40R, or under another zoning incentive program administered by DHCD. Perhaps a more savvy reader will see this differently. Perhaps there has been an update that has changed the language. It would be useful to have the Planning Board Chair (a lawyer) and/or other counsel weigh in on this specific matter. Sara ------ Sara Mattes On Mar 16, 2023, at 12:30 PM, Lynn DeLisi, M.D. via Lincoln <[email protected]<mailto:[email protected]>> wrote: Hi Chris You raise an excellent question that we have all been discussing over the last 24 hours, ever since the AG's statement came out. I can tell you my view that has somewhat changed over the past few years with input from others and also with the State having come out with the HCA. I think we should think very hard and carefully about how we can comply with the HCA. It is to Lincoln's benefit in the long run to do so because we have an active MBTA station in the center of South Lincoln. HOWEVER, I believe we must not, and do not need to, change zoning in a way that puts the existing homes at risk of the current residents in multifamily housing in that 1/2 mile radius around the station area. We have to come up with creative planning that will preserve their communities, whether their units are rentals or Condos. We should be able to not only preserve their homes from redevelopment, but the wooded area surrounding them that maintains that wonderful unique Lincoln natural environment. We also have to look carefully at the Town infrastructure that needs to be in place--for new development to occur in any area--ie for sewage, roads, emergency response etc. I think we can still comply with the HCA and yet come up with creative proposals IN COLLABORATION with the people who live in these vulnerable neighborhoods. I would very much welcome your input and views. I am very sorry that I will not be able to be at the candidate's forum next week, because of a long ago arranged family trip. However, I would be happy to discuss more details about this issue or other topics of concern with anyone if you contact me directly by either of my emails: [email protected]<mailto:[email protected]> or [email protected]<mailto:[email protected]> Best wishes/ Lynn DeLisi -----Original Message----- From: Chris McCarthy <[email protected]<mailto:[email protected]>> To: [email protected]<mailto:[email protected]> Cc: [email protected]<mailto:[email protected]> Sent: Thu, Mar 16, 2023 11:43 am Subject: Re: [LincolnTalk] My Candidacy for the Lincoln Planning Board Mark, As a candidate for the Planning Board, would you kindly provide your position on the MBTA Communities Act? It has the potential to mandate zoning changes in town and the AG recently clarified<https://commonwealthmagazine.org/housing/campbell-warns-municipalities-mbta-zoning-law-not-optional/> that compliance is not optional. Thank you, Chris McCarthy 41 Greenridge Ln. On Tue, Feb 21, 2023 at 8:02 AM Mark Levinson <[email protected]<mailto:[email protected]>> wrote: I am pleased to announce my candidacy for one of the two open seats on the Lincoln Planning Board. I have lived near Lincoln Station for almost 25 years and have been active in issues affecting our neighborhood and the town. I have served as one of two Neighborhood Liaisons to the Planning Board and its South Lincoln Planning Advisory Committee (SLPAC). I have also been committed to environmental issues, and volunteered for many years for the Sudbury Valley Trustees, a very active and successful land conservation organization. I think that town planning is a key factor in allowing Lincoln to navigate current and future challenges, while preserving the character of the town and our wonderful quality of life. I believe I share the goals of many Lincolnites for our neighborhood and our town: viability of local businesses, diversity, encouraging use of public transportation, and generally doing what we can to fight climate change, while maintaining the rural character of our town. I will represent the views and opinions of all Lincoln residents, not only those of my neighborhood. I will do my best to be open-minded, always considering the facts and likely outcomes of any course of action, knowing that actions to promote one goal may sometimes produce adverse consequences for others. I ask for your support on election day, Monday, March 27. Thank you and best regards, Mark Levinson 8 Ridge Road, Lincoln [email protected]<mailto:[email protected]> -- The LincolnTalk mailing list. To post, send mail to [email protected]<mailto:[email protected]>. Browse the archives at https://pairlist9.pair.net/mailman/private/lincoln/. 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