Community Housing zoning proposals

Public Hearing

Proposed Zoning By-law Amendments

The Provincetown Planning Board will hold a public hearing on Wednesday, March 24, 2004 at 7 p.m. in the Judge Welsh Hearing Room, Provincetown Town Hall, 260 Commercial Street, Provincetown MA 02657 pursuant to MGL Chapter 40A on the following proposed amendments to the Provincetown Zoning By-laws. The public is encouraged to submit any comments to the Planning Board in writing c/o Director of Community Development Jon Gilmore, Provincetown Town Hall, 260 Commercial Street, Provincetown, MA 02657, or in person at the hearing.

Article I. Zoning By-law Amendment: Affordable Accessory Apartments; Amnesty. To see if the Town will vote to amend the Zoning By-law as follows:

I. Add SECTION 4800, AFFORDABLE HOUSING BY-LAW, as follows:.

“SECTION 4800, AFFORDABLE HOUSING BY-LAW

1. Accessory Apartments. One (1) accessory dwelling unit per lot may be allowed in any residential or commercial zoning district by special permit from the Zoning Board of Appeals, notwithstanding any provisions in the Zoning By-law that may restrict the total number of dwelling units per lot, subject to the requirements, standards and conditions listed below, unless the proponent obtains a special permit from the Zoning Board of Appeals.

2. Requirements and Standards

A. The accessory dwelling unit shall be subject to an affordable housing restriction, for a term of perpetuity or the longest period allowed by law, that limits rental rates and resale prices, limits eligibility for occupancy and purchase, and provides a right of first refusal to the Town of Provincetown. Accessory dwelling units shall be available for rental at a cost (including utility allowances) not exceeding 30% of annual income for a household at or below 80% of the Barnstable County median income; or available for ownership at a cost (including mortgage interest, principal, taxes, insurance and common charges if any, but excluding utilities) not exceeding 30% of annual income for a household at or below 80% of the Barnstable County median income. Eligibility for occupancy shall be limited to households whose income is at or below 80% of Barnstable County median income.

B. The accessory dwelling unit shall be located within the principal structure or a garage or other existing freestanding structure.

C. The Inspector of Buildings and Health Agent shall have inspected the premises for compliance with public safety and public health codes.

D. A special permit application shall include a certification of the amount of rent to be charged or the sale price, as applicable, for each accessory dwelling unit and the income of each occupant household. For rental accessory dwelling units, each year thereafter on the first of July, holders of special permits granted pursuant to this section shall submit to the Zoning Board of Appeals or its agent as designated in the special permit a certification of annual rents charged and the income of occupant household(s) for the most recently completed fiscal year of the holder and as of July first. Forms for this purpose shall be provided by the Town or its agent. Rents may be adjusted annually in accordance with Department of Housing and Community Development Local Initiative Program Regulations and Guidelines, or regulations and guidelines or a similar state program having the same purpose.

3. Amnesty. Owners of lots containing a dwelling unit (i) for which there does not exist a validly-issued variance, special permit, building permit or occupancy permit, (ii) that is/are not legally pre-existing, non-conforming use(s) or structure(s), or (iii) is/are not otherwise in compliance with the Zoning By-law shall apply for a special permit under this section within one (1) year of the effective date of this section; otherwise the provisions of this section shall not apply to such lots.

4. Procedure.

A. The property owner shall complete and submit an application for a special permit to the Zoning Board of Appeals in accordance with the Provincetown Zoning Board of Appeals Rules and Procedures.

B. The property owner shall obtain a compliance certification as provided by Section 5120 to allow the change in use.

C. The property owner shall obtain a certificate of occupancy prior to occupancy of the accessory dwelling unit.

D. The property owner shall deliver to the Provincetown Local Housing Partnership an executed and acknowledged affordable housing restriction or, for ownership accessory dwelling unit an executed and acknowledged covenant whereby the property owner agrees to convey the accessory dwelling unit subject to a certain affordable housing restriction attached as an exhibit to the covenant, in either case approved as to form by town counsel, before a compliance certification pursuant to Section 5120 may issue for the accessory dwelling unit. If the compliance certification is denied, the instrument shall be returned to the property owner; if the compliance certification is granted, the instrument shall be recorded by the Board of Selectmen. No occupancy permit shall be issued for any accessory dwelling unit without evidence of recordation of the affordable housing restriction and the subordination of all mortgages.

E. Failure to comply with any provision of this Section 4800 may result in fines established in Section 5140 of the Provincetown Zoning By-laws.

5. Scope and Validity of the Bylaw.

Nothing in this Section 4800 shall nullify or exempt any property or use from any other provisions of these By-laws or other Town regulations. The invalidity of any provision of this Section 4800 shall not invalidate any other section or provision hereof, nor shall it invalidate any building permit, occupancy permit or special permit issued in reliance on said section or provision prior to the determination of its invalidity.”

II. Amend Article 1 Definitions:

(a) Delete the definition of “Affordable Housing” and replace it with the following definition:

“Affordable Housing: Dwelling units subject to affordable housing restrictions based on the Barnstable County median income as is periodically defined by United States Department of Housing and Urban Development adjusted for household size, as further defined below.

(a) Low Income Community Housing. Dwelling units, subject to an affordable housing restriction, for a term of perpetuity or the longest period allowed by law, that limits rental rates, limits eligibility for occupancy and purchase, and provides a right of first refusal to the Town of Provincetown. Low Income Community Housing units shall be available for rental at a cost (including utility allowances) not exceeding 30% of annual income for a household at or below 60% of the Barnstable County median income; or, available for ownership at a cost (including mortgage interest, principal, taxes, insurance and common charges if any, but excluding utilities) not exceeding 30% of annual income for a household at or below 60% of the Barnstable County median income. Occupancy shall be limited to households whose income is at or below 60% of Barnstable County median income.

(b) Moderate Income Community Housing. Dwelling units, subject to an affordable housing restriction, for a term of perpetuity or the longest period allowed by law, that limits rental rates and resale prices, limits eligibility for occupancy and purchase, and provides a right of first refusal to the Town of Provincetown. Moderate Income Community Housing units shall be available for rental at a cost (including utility allowances) not exceeding 30% of annual income for a household at or below 80% of the Barnstable County median income; or, available for ownership at a cost (including mortgage interest, principal, taxes, insurance and common charges if any, but excluding utilities) not exceeding 30% of annual income for a household at or below 80% of the Barnstable County median income. Eligibility for occupancy shall be limited to households whose income is at or below 80% of Barnstable County median income.

III. Amend SECTION 2440, PERMITTED PRINCIPAL USES as follows:

Amend use category “A. Residential” by inserting as use item “A7” the words “Dwelling, Accessory Apartment” and inserting in each of the “Res1”, “Res2”, “Res3/ResB”, “TCC”, and “GC” columns, the letters “BA”.

The original copy of this zoning by-law change is on file for public inspection in the Town Clerk’s Office; or take any action relative thereto.

[Requested by the Town Manager, Board of Selectmen, Housing Authority, and Housing Partnership]

Article II. Zoning By-law Amendment: Growth Management Reallocation for Affordable and Middle-Income Community Housing Units. To see if the Town will vote to as follows: WHEREAS, changes in use have led to a decrease in the Title 5 design flow of certain properties in Provincetown; and WHEREAS, the Town desires to reallocate such decreases in flow for affordable and middle income community housing, THEREFORE, the Town votes to amend the Zoning By-law as follows:

I. Amend ARTICLE 1 DEFINITIONS by adding the definition of “Community Housing” as follows:

“Community Housing: Dwelling units subject to community housing restrictions based on the Barnstable County median income as is periodically defined by United States Department of Housing and Urban Development adjusted for household size, as further defined below.

(a) Middle Income Community Housing. Dwelling units, subject to a housing restriction, for a term of perpetuity or the longest period allowed by law, that limits rental rates and resale prices, limits eligibility for occupancy or purchase, and provides a right of first refusal to the Town of Provincetown. Middle income community housing dwelling units shall be available for rental at a cost (including utility allowances) not exceeding 30% of annual income for a household at or below 150% of the Barnstable County median income; or, available for ownership at a cost (including mortgage interest, principal, taxes, insurance and common charges if any, but excluding utilities) not exceeding 30% of annual income for a household at or below 150% of the Barnstable County median income. Eligibility for occupancy shall be limited to households whose income is at or below 150% of Barnstable County median income.”

II. Amend Section 6500, Table of Use Categories and Priorities, GENERAL USE CATEGORY 1 by changing "1. Affordable Housing Units" to "1a Affordable Housing Units" and adding the following: "1b Community Housing Units."

III. Amend Section 6600, by adding to the end of paragraph 1 the following: “On the effective date of this zoning by-law amendment and on the anniversary thereof in 2005, 2006, 2007 and 2008, 1,650 gallons per day shall be added to the allotment for Use Category 1a, provided that prior to each such anniversary, the Board of Selectmen shall have made a finding that the Town is in compliance with the water withdrawal permit issued by the Department of Environmental Protection (“DEP”) pursuant to 310 CMR 36.00 and all applicable rules and regulations promulgated by DEP with respect thereto.”

IV. Amend Section 6600 by adding a new paragraph 1A. “On the effective date of this zoning by-law amendment and on the anniversary thereof in 2005, 2006, 2007 and 2008, 550 gallons per day shall annually be added to the allotment for Use Category 1b, provided that prior to each such anniversary, the Board of Selectmen shall have made a finding that the Town is in compliance with the water withdrawal permit issued by the Department of Environmental Protection (“DEP”) pursuant to 310 CMR 36.00 and all applicable rules and regulations promulgated by DEP with respect thereto.”

The original copy of this zoning by-law change is on file for public inspection in the Town Clerk’s Office; or take any action relative thereto.

[Requested by the Town Manager, Board of Selectmen, Housing Authority, and Housing Partnership]

The original copy of these zoning by-law changes is on file for public inspection in the Office of the Town Clerk, Provincetown Town Hall, 260 Commercial Street, Provincetown, MA 02657.

Anne Howard, Chairman, Planning Board

Posted: Town Hall, and http://www.provincetown-ma.gov February 26, 2004 12:20 pm

Published: Banner: March 4 & 11, 2004