IZ Workshop 2014: A1 groton inclusionary zoning

INCLUSIONARY ZONING

Groton’s Experience

Michelle Collette, AICP

Town Planner

Groton, Massachusetts

Land Area: 32.5 square miles

Population: 10,937

Government: Open Town Meeting

Affordable Units: 208 Units or 5.2%

Open Space: 8889 acres or 41% land area

Miles of roadway 107

Public Water: 60%

Public Sewer: 15%

Rivers: Nashua & Squannacook

ACEC: Squannassit/Petapawag

Groton’s Community Profile

Affordable Housing Units

Zoning By-law Provisions

Adopted Zoning Provision Special Permit Granting Authority

Required Affordable

Threshold Bonus Units Units Approved to

date

1982 Subsidized Elderly Housing

Zoning Board of Appeals

50% All No 4

1982 Planned Multifamily Residential Development

Planning Board Optional 0 No 74

1990 Flexible Development Planning Board 15% 10 units Yes 26

2005 Accessory Apartments Zoning Board of Appeals

Optional 0 No 0

2008 Town Center Overlay District

Planning Board 15% 6 units Yes, with TDR’s

3

Other - Site Plan Review Planning Board (By-right

Optional 0 No 5

Flexible Development

Flexible Development Definitions:

AFFORDABLE TO PERSONS OR FAMILIES QUALIFYING AS LOW INCOME —

Affordable to persons in the Lowell metropolitan statistical area under the applicable

guidelines of the Commonwealth's Department of Housing and Community

Development earning less than 50% of the median income.

AFFORDABLE TO PERSONS OR FAMILIES QUALIFYING AS MODERATE

INCOME — Affordable to persons in the Lowell metropolitan statistical area under the

applicable guidelines of the Commonwealth's Department of Housing and Community

Development earning more than 50% but less than 80% of the median income.

HOUSING FOR PERSONS WITH DISABILITIES — A dwelling unit in compliance

with the standards of the Americans with Disabilities Act and pertinent Massachusetts

standards.

Flexible Development

Affordable component.

(1) As a condition of the grant of any special permit for a flexible

development for any development creating more than 10

dwelling units, affordable units shall be required as follows:

(a) Fifteen percent of the units shall be affordable to persons or

families qualifying as low or moderate income.

Rocky Hill Subdivision

Groton Housing Authority

Nine Rentals Units

Inclusionary Units in Subdivisions

Town Center Overlay District

(8) Affordable housing requirements.

(a) In any TCOD development with more than six dwelling units, at

least 15% of the dwelling units shall be restricted as affordable

units as defined in § 218-26B of this chapter.

(b) Computation of the required number of affordable units shall be

based on the total number of dwelling units in the TCOD

development, including any density bonus units and any

already existing dwelling units. Where the computation results

in a fractional number, the fractional number shall be rounded

up or down to the nearest whole number.

Town Center Overlay District

TDR Receiving Area

Boynton Meadows – TCOD

Community Preservation Funds

Restored historic building

at 134 Main Street

Addition on the rear of

134 Main Street

Subsidized Elderly Housing

SUBSIDIZED ELDERLY HOUSING — Housing in which 50% of the

dwelling units are subsidized under any program or plan that will

result in the development of low- or moderate-income housing, such

housing which the Groton Housing Authority certifies carries

restrictions to limit the eligibility of the occupants and sale price, if

applicable to within guidelines as defined in applicable federal or

state statute, whether built or operated by any public agency or any

nonprofit or limited dividend organization with occupancy reserved

to persons 55 years of age or older.

Existing cape converted

to a two-family dwelling

for people 55 and older

Camp in the Lost Lake

area demolished and

replaced with a three-

family dwelling

Accessory Apartments

The Board of Appeals shall provide special consideration

to an application for an accessory apartment which will

be restricted to a rent affordable to a person or

household of low or moderate income. Affordable to

persons or families qualifying as low or moderate income

shall mean affordable to persons in the Lowell

metropolitan statistical area under the applicable

guidelines of the Commonwealth's Department of

Housing and Community Development earning not more

80% of the median income. The deed restriction for such

unit shall be provided by the Board of Appeals.

Planned Multifamily Special Permit

Rivercourt Residences

Implementation

Planning Board or ZBA:

• Include clear, concise conditions in the

Special Permit

• Establish a phasing schedule based upon

market-rate building permits or occupancy

permits

• Have flexibility with all parties while keeping

affordable units on track

Housing Coordinator

Housing Coordinator is a part-time staff position funded

through the Community Preservation Act housing funds

Housing Coordinator:

– Provides administrative support to the Affordable Housing Trust

and Housing Partnership

– Works with the Boards, developers, and the DHCD on legal

agreements including lottery, regulatory & monitoring

agreements

– Works with prospective buyers, renters, and others with a

housing crises

Problems & Solutions

Problem: Buy-out provisions were in place from 1990-

2000 but resulted in no new affordable housing units.

Solution: Housing Authority used funds for down

payment on rental units created under inclusionary

zoning provisions.

Problem: Foreclosure resulted in loss of one

inclusionary unit in a duplex despite local efforts to

mitigate the loss.

Solution: The Affordable Housing Trust will eventually

have enough funds to intervene in foreclosures.

Problem: Off-site affordable units were not

constructed because abutters appealed the ZBA

decision to allow construction on a legal non-

conforming lot of record.

Solution: Off-site construction option removed

from the by-law to avoid costly litigation.

Problem: Affordable units may not be required

in a specific section of the Zoning By-Law

Solution: Do not be afraid to ask for affordable

units – many developers will say “yes.”

Challenges

Universal accessibility

Increase inventory of rental units

Temporary, emergency housing

Regionalization

Michelle Collette, AICP

Town Planner

Groton, Massachusetts

978.448.1105

[email protected]