Residential Inclusionary Development

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BYLAW: Residential Inclusionary Development - Special Permit

MUNICIPALITY: Hingham, Masachusetts

DATE ADOPTED: August 3, 1999

PURPOSE:
The purpose of this Section is to provide incentives to create a diversity of housing types and costs in Hingham, and particularly to encourage the development of housing units affordable by households of low and moderate income, with the goal, among others, of reducing the deficit in such housing as defined by Chapter 40B of the Massachusetts General Laws.

2. Definitions
Inclusionary Development - an option which permits an applicant to building housing units with reduced dimensional requirements, provided that the development includes low and moderate income housing, so as to create a diversity of housing types and costs.
Low and Moderate Income Housing - sales and rental housing, whether privately or publicly developed and/or operated, intended to be affordable by low and moderate income families for the Boston Primary Metropolitan Statistical Area, or other income levels and costs limits established by the Massachusetts Department of Housing and Community Development for its Local Initiative Program, or as specified by the U.S. Department of Housing and Urban Development, or successor programs.

3. Applicable Zoning Districts
An application for an Inclusionary Special Permit may be submitted for a site within any Residential District, or within any other district in which housing is allowable, and may be requested concurrently with a Residential Special Permit allowed under the Zoning By-Law.

4. Special Permit Authority
The Board of Appeals (Board) may grant a Special Permit for the construction of an inclusionary development. The Special Permit shall conform to this By-Law and to Massachusetts General Laws Chapter 40A, Section 9, and to regulations which the Board may adopt for carrying out its requirements hereunder. The Planning Board shall function as a review board to review each inclusionary application.

5. Minimum Requirements for Inclusionary Development
The Inclusionary Special Permit shall be subject to the following conditions, and the Board of Appeals shall make a determination that the proposed inclusionary development meets the requirements of Massachusetts General Laws Chapter 40A, Section 9, and this inclusionary by-law as to all the following conditions:
(a) Minimum setback between any building and adjacent property not part of the inclusionary development shall be 50% more than the required applicable setback of that zoning district.
(b) Each inclusionary development shall provide, at the applicant's choice, one of the following:
(i) low and moderate income dwelling units comparable in appearance and setting to the rest of the development or neighborhood. These units are to be sold or rented to low or moderate income households according to standards and procedures adopted by the Hingham Housing Authority and with income certified by the Housing Authority. Rental levels shall also be certified by the Hingham Housing Authority as meeting affordable guidelines.
(ii) low and moderate income dwelling units approved under the provisions of this Special Permit that are located on another site within Hingham, other than the site under consideration. Such units shall be permitted concurrently with this Special Permit.
(iii) a cash payment equivalent to the value of structures, land and appropriate on-site and off-site improvements, be made to the Town of Hingham for disbursement to the Hingham Housing Partnership, the Hingham Housing Authority, or a non-profit developer for the creation of low and moderate income family housing in the Town of Hingham. The cash payment shall be equal to the total cost of construction for each low or moderate income dwelling unit as to which a waiver of construction is being asked. Conditions of payment shall be determined through the Special Permit process.
(c) No lot shown on a plan for which a Special Permit is granted under this Section may be further subdivided, and a notation to this effect shall be shown on the plan and included in every deed of each proposed lot in the development in perpetuity.
(d) The proposed site be one in which at least six dwelling units are allowed, as of right, within the existing zoning district in which the proposed development is located.

6. Dimensional Requirements
(a) Front, side and rear yard setbacks, minimum lot size and minimum frontage of the proposed development will be determined through the Special Permit process.
(b) The number of dwelling units allowed in an inclusionary development shall not exceed by more than one-third (1/3) the number permitted within the zoning district, provided that one-half (1/2) of additional dwelling units allowed meet the requirements of Section 5(b) of this By-Law. Fractions will not be considered.
(c) The applicant has the option to utilize any housing proposal allowed under the various sections of the Zoning By-Law, including but not limited to, single family detached housing, townhouses, or any mixture thereof.

7. Review Procedure The review procedure for an Inclusionary Special Permit consists of two steps:
(1) submission by the applicant and review by the Planning Board of a preliminary plan; and
(2) submission by the applicant and review by both the Planning Board and the Board of Appeals of a Special Permit A2 application.
(a) Contents of Preliminary Application Said application and plan shall be prepared in accordance with the Planning Board's requirements and procedures for a preliminary plan as defined in the Planning Board's Rules and Regulations. The plan set shall include preliminary information relative to existing zoning requirements and information showing the proposed inclusionary development. In addition, the applicant shall provide the following information:
(i) a description of the proposed inclusionary development showing the planning objectives and the character of the development, including the proposed architecture, to be achieved through the Inclusionary Special Permit;
(ii) a description of the neighborhood in which the tract lies;
(iii) a summary of the environmental concerns, by experts deemed by the Planning Board to be duly qualified, relating to the proposed plan.
(b) Procedure for Preliminary Plan Application
(i) The applicant shall file with the Town Clerk the original and one copy of the preliminary plan accompanied by the form entitled "Submission of Preliminary Plan, Inclusionary Development." The applicant shall also file the preliminary subdivision plan with the Planning Board in accordance with provisions of this Section.
(ii) The applicant shall also, at the time the preliminary plan is filed with the Town Clerk, submit copies of the preliminary plan to the Hingham Board of Health, Conservation Commission, Fire Department, Department of Public Works, Housing Authority, Housing Partnership Committee, Light Board, Sewer Commission and Massachusetts American Water Company. The applicant shall also submit copies of the preliminary plan to such other Town boards and agencies as the Planning Board shall, in writing, inform the applicant. The applicant shall file with the Town Clerk and submit to the Planning Board one or more transmittal letter(s), as required, certifying that it has forwarded copies of the preliminary plan to the Town boards and agencies as provided in this subparagraph and in any written request by the Planning Board that copies be submitted to other Town boards and agencies.
(iii) The applicant shall meet with the Planning Board to discuss the preliminary plan.
(iv) The Town boards and agencies receiving copies of the preliminary plan shall submit written recommendations to the Planning Board within 35 days after filing of the preliminary plan. Failure to report to the Planning Board within 35 days shall be deemed a lack of objection to the application.
(v) The applicant is encouraged to meet with the Town boards and agencies receiving copies of the preliminary plan during the review period.
(vi) The Planning Board, within 45 days, or such further time as may be agreed upon at the written request of the applicant, from filing of the preliminary plan, shall review and determine whether the proposed project, including its architecture, is consistent with the development of the Town and this Section. The Planning Board may suggest modifications and changes to the development described in the preliminary plan and shall make a written report of its recommendations to guide the applicant in the preparation of the final plan. The written report of the Planning Board shall be filed in the Town Clerk's office. After such filing, the applicant may proceed to file an Inclusionary Special Permit application and a definitive subdivision plan, if applicable.
(vii) If the Planning Board fails to file its written report within 45 days after filing of the preliminary plan, the applicant may proceed to file an Inclusionary Special Permit application.
(c) Preliminary Plan Findings The Planning Board may grant a favorable recommendation under this Section only if it finds the applicant has demonstrated the following:
(i) That the preliminary subdivision plan, in accordance with the existing zoning, includes an accurate description of the actual development potential for the property.
(ii) That the proposed inclusionary plan, in its preliminary phase, can be designed with due consideration for the protection, safety, convenience, and welfare of the potential inhabitants of the development and of the inhabitants of the Town of Hingham, and that the architecture is consistent with the development of the Town and this Section.

8. Submission of Inclusionary Special Permit Application The applicant shall file with the Town Clerk the original application for an Inclusionary Special Permit in accordance with the Rules and Regulations of the Board of Appeals and the original of the definitive subdivision plan, if applicable. The applicant is encouraged to file a definitive subdivision plan, if applicable, for concurrent review with the Inclusionary Special Permit application. 9. Relation to Subdivision Control Act
The granting of a Special Permit A hereunder shall not substitute for compliance with the Subdivision Control Law nor oblige the Planning Board to approve any related definitive plan for subdivision, nor reduce any time periods for Planning Board consideration under that law. However, in order to facilitate processing, the Planning Board shall, insofar as practical under law, adopt regulations establishing procedures for submission of a combined plan and application which shall satisfy this Section and the Planning Board's obligation under the Subdivision Control Law.