This document is available on-line as a service and is not the official record due to changes in formatting for the Internet. The charts and attachments that belong to this document are not attached to the Internet version. The official, complete paper copy can be viewed or requested during regular office hours, Monday - Friday: 8 a.m. to 5 p.m. in the Office of the Town Clerk, 260 Commercial St. Provincetown, MA 02657.
The
following minutes are available on-line as a service and are not the official
record due to changes in formatting for the Internet. The minutes may have
attachments that are not included here in this format. The official, complete
paper copy can be viewed during regular office hours, Monday - Friday:
8 a.m. to 5 p.m. in the Office of the Town Clerk, 260 Commercial St. Provincetown,
MA 02657.
The
Provincetown Housing Partnership conducted a public hearing on Wednesday,
December 10, 1997, at 7:00 p.m., and adopted the following "Criteria
for Evaluating Affordable Housing Proposals and Procedures for Securing
Affordable Housing Permits." These criteria will become effective December
18, 1997.
CRITERIA
FOR EVALUATING
AFFORDABLE
HOUSING PROPOSALS and
PROCEDURES
FOR SECURING
AFFORDABLE
HOUSING PERMITS
December
1997
1.
PURPOSE
A.Reasons
For Affordable Housing Permits.The
Town of Provincetown has demonstrated a commitment to affordable housing
by
amending its Growth Management Zoning By-law to include special provisions
for affordable housing, and by creating the Provincetown Housing Partnership
to coordinate housing activities.The
PHP is empowered to establish criteria to evaluate affordable housing proposals,
make recommendations on housing proposals and to review, prioritize and
authorize the issuance of Affordable Housing Permits under Section VIII.D.
of the Town's Zoning Bylaws.The
purpose of these published procedures is to provide guidelines for developers
proposing housing in Provincetown and to the PHP in evaluating and prioritizing
such proposals. These standards are based on an understanding of the great
need for affordable housing balanced with other, sometimes competing, concerns
of the Town. (Typical examples: water, septic, environmental, traffic.)Potential
developers should note, however, that mitigations will be expected for
excessive impacts on any of the above.
These
Affordable Housing Permits may make it possible for qualified builders
to develop affordable units without using the comprehensive permit, Chapter
40B of the Massachusetts General Laws.
B.Support/Authorization
from the PHP.It
is in the developer's interest to consult theProvincetown
Housing Partnership early in the proposal process.The
PHP will when necessary help developers to secure technical assistance
in the planning of affordable housing developments. When and if the PHP
believes that a proposed development will meet the needs of the town, thePHP
will recommend to the Inspector of Buildings the award of Affordable Housing
Permits for a proposed development. Approval/ Authorization of an application
by the PHP must be secured before Affordable Housing Permits can be awarded.
Applicants
for Affordable Housing Permits are responsible for following all procedural
requirements in this document.Small
projects (one or two units) may be allowed a simplified application process.The
PHP may, but is not required to, accept and consider an application that
is not in proper form, to authorize any Affordable Housing Permits for
an application that does not meet the requirements of Section VIII.D. of
the Town's Zoning Bylaws, or to recommend the issuance of any permit for
any proposal.
The
PHP's recommendation will in effect translate into valuable assistance
to the proposed project, including but not necessarily limited to favorable
comment on the Regulatory Compliance Sheet [RCS] and/or before the Selectmen,
Planning Board, Zoning Board of Appeals, Historic District Commission,
and the Commonwealth's Department of Housing and Community Development
[DHCD].
C.Availability
of Guidelines.These
guidelines are available to any person, group or company proposing housing
development in the Town, and should be studied in advance of discussions
between the developer and PHP.These
standards are intended as minimal standards and nothing herein shall bind
the PHP to accept or consider any proposal.
D.Continuing
Evaluation.
Because Affordable Housing Permits are new and unique, and because it is
in the mutual interest of PHP and developer to make the system work as
well as possible and become a permanent part of Provincetown zoning, the
PHP will require periodic reports during the ENTIRE development process,
culminating in a final report which will contain, among other matters,
actual costs and plans (when required), and arrangements for monitoring/
managing resale in the case of ownership units or continuing rent levels
and tenant eligibility in the case of rentals.
2.
GENERAL PRINCIPLES
A.A
town permit should represent a fair exchange.A
permit which confers priority or allows an exception such as a density
bonus involves the Town's trading of a value in exchange for the solution
of a community problem.(In the case
of Affordable Housing Permits, the problem is the acute shortage of affordable
housing.)While the Town welcomes
the participation of the private development community in the solution
of the problem, The Town is committed to solutions which benefit the town
and its citizens, whether property owners or tenants. Therefore the PHP
encourages developers to demonstrate that their projects include the maximum
feasible proportion of affordable units.
B.Relation
to zoning.Developers
are expected to conform as closely as possible to Provincetown's Zoning
By-Law, requesting only those variances which are demonstrably necessary,
usually as a consequence of site conditions and/or financial feasibility.
However, some relaxation of zoning and other locally controlled regulations
that would impede the development of affordable housing can be secured
through Affordable Housing Permits or the comprehensive permit process.
(M.G.L. Chapter 40B ''
20-23.)
C.The
environment is a life-support system.The
PHP will pay careful attention to the environmental concerns raised by
development insofar as they affect residents' and visitors' health, safety,
and general welfare, which the Town is committed to protect.Avoidance
or mitigation of any such conditions will be required.It
should be understood that Affordable Housing proposals will not be held
to a higher standard then those imposed on market developments.Specific
expectations are detailed in Section 9.A of these PROCEDURES.
D.Scattered
sites are preferable to concentration.Believing
that affordable housing should be available throughout the Town and on
a dispersed basis, the PHP seeks proposals which avoid concentrating multi-family
and subsidized development in areas where a concentration of such housing
already exists.
E.Priority
to Rentals.Increasing
the supply of affordable rental units will be a priority in the award of
Affordable Housing Permits.
3.DEFINITIONS
A.Low/moderate
Income.
Standard definition: the U.S. Department of Housing and Urban Development
defines very low income as households earning less than 50% of the area
(Barnstable County) median income, and low income as households earning
between 50 and 80% of the area (county) median.Moderate
income refers to those with incomes between 80% of the median income and
the median income.All incomes vary
with family size. SEE CHARTS 1, 2 AND 3. SEE NOTES ON CHART 2 for TOWN
OF PROVINCETOWN INCOME LEVELS.
B.Affordable
Housing Permits.
As defined by Provincetown Zoning Bylaw Section VIII.D. (April 1997), eligibility
for Affordable Housing Permits is limited to units serving renter households
earning less than 50% of the Barnstable County median income or purchaser
households earning less than 65% of the Barnstable County median income,
adjusted in both cases for family size. The discrepancy from HUD categories
(above) takes into account the Town of Provincetown's lower incomes in
relation to the Barnstable County median income. SEE NOTES ON CHART 2 for
PROVINCETOWN INCOME LEVELS.
C.Affordable
Housing.Standard
definition: dwelling units available at a cost of no more than 30% of the
gross annual income of households at or below 80% of the Barnstable County
median income, as reported by the U.S. Department of Housing and Urban
Development [HUD] and the Commonwealth's Local Initiative Program [LIP].
Costs to include principal, interest, real estate taxes and condominium
fees,or rent and utilities.Provincetown
definition: to be affordable to Provincetown residents, housing should
be priced to meet the needs of those with incomes at or below 50% and 65%
of the area median, see B. above.SEE
CHART 4, RENT LIMITS, AND CHART 5, HOME PROGRAM (UTILITY ALLOWANCES.) .
D.Qualified
affordable housing unit purchaser or tenant.
(Under Provincetown Zoning Bylaw Section VIII.D.April 1997), Purchaser:
an individual or family with household incomes not exceeding 65% of the
Barnstable County median income, with adjustments for household size. Renter:
an individual or family with household incomes not exceeding 50% of the
Barnstable County median income, with adjustments for household size. Some
adjustment may be necessary when differences exist between purchaser/renter
income limits required by the U.S. Department of Housing and Urban Development
HOME programs and homebuyer ceiling incomes allowed by the Commonwealth
of Massachusetts Local Initiative Program. SEE CURRENT REGULATIONS FOR
HOME PROGRAMS (CHARTS 3 AND 4) AND LIP GUIDELINES. SEEK CLARIFICATION OF
ANY CONFUSION FROM THE CAPE COD COMMISSION AFFORDABLE HOUSING SPECIALIST.
4.
PRICING OF UNITS
A.Cost
the most critical element of housing in Provincetown.Because
the Town needs +/- 150affordable
units and because space for development is in extremely short supply, the
Town seeks developments with the highest possible proportion of affordable
units.However, financial pressures
often require a mix of market rate and affordable units.Priority
will be given to proposals which exceed State and County minima, usually
25% affordability.
B.Long-term
Affordability.All
deeds to affordable units in a development must include a long-term affordability
restriction which caps resale prices and defines eligibility for subsequent
purchasers. The restriction must include a right-of-first-refusal clause
to the Town in the event of resale or any other change of ownership, either
of single units or of multi-unit complexes. Responsibility for enforcing/administering
resale restrictions rests with the PHP or successor agency.
LIP
and Zoning By-law regulations define long-term affordability as 40 years.LIP's
formula for resale applies the original percentage discount below market
price (appraisal) to derive a resale price ceiling.Developers
are strongly advised to use LIP documents (deeds and resale restrictions)
to avoid delays and additional costs.
The
duration of affordable housing restrictions will affect the priority given
to proposals for Affordable Housing Permits.
C.LIP
and HOME Regulations.Developers
of projects consisting of more than two [2] units are expected to observe
Massachusetts Department of Housing and Community Development Local Initiative
Program [LIP] regulations regarding deed restrictions, ceiling prices,
rents, eligibility to purchase, etc., as addressed in the most current
LIP regulations, or other measures that ensure affordability. If County
or State HOME funds are used, HUD schedules must be reconciled with state
regulations.These ceilings must
be reflected in financial projections submitted to the PHP as part of the
consultation process.
D.Condominium/
Management fees.
Condominium fees are to be included as part of the demonstration of affordability.Pro
formas for multi-family rental developments must include management fees
(as well as service packages in the case of special needs facilities) in
their operating budgets.
5.
COMPOSITION OF BUILDINGS/UNITS
A.Mix
of Units.Unless
otherwise dictated by a market analysis conducted or commissioned by the
developer, preference will be given to proposals that consist of an even
mix of 3, 2, and 1 bedrooms.
B.Accessibility.
In developments over 10 units, one or more units should be handicapped
accessible if feasible. (The PHP recognizes that rehabilitation of some
older buildings make accessibility either physically impossible or economically
infeasible.)
C.Conformance
to State and Federal standards.Proposed
developments are expected to conform to HUD Housing Quality Standards [HQS]
and to State Building and Sanitary Codes, as applicable, i.e. HQS if County
or State HOME funds are used.
6.
DESIGN
A.Compatibility.Architecture
and design should be compatible with the development's surroundings. Buildings
whether newly constructed or remodeled should harmonize with landforms,
vegetation and natural features so as to protect natural features while
using them for noise abatement and visual enhancement.
B.Size
and Scale.Size
and/or scale of construction will be key elements in the assessment of
compatibility.
C.Location
and Density.Site
and density are critical elements in compatibility and are the two factors
most likely to raise environmental concerns.
(1)
Location.Priority
will be given to proposals which avoid concentrating affordable housing
or negatively impacting water-sensitive areas of the Town.(For
other Priority considerations, see Section 4B.)
(a)
As previously stipulated, developments are encouraged outside the immediate
neighborhood of other housing designated as affordable housing developments.
(b)
Potential developers contemplating new construction or more intense use
of existing structures should consult town maps identifying water-sensitive
areas (eg. Stearns and Wheler). Proposals for projects in any such area
must describe proposed actions to mitigate negative impacts.
(2)Density.Affordable
housing may require greater density than allowed in local by-laws.While
Affordable Housing Permits may make it possible for qualified builders
to develop affordable units without using Chapter 40B, any proposed density
greater than that allowed in Provincetown Zoning By-laws '
3110 will be evaluated with regard to financial necessities and the capacity
of the site to accommodate the proposed density without compromising health
and safety as prescribed in Title V. If found acceptable, increased density
will be recommended by the PHP to the appropriate Town or County Board(s).
D.Design
Standards.
To the maximum extent possible, developments should observe the consideration
standards in '
3152 of the Provincetown Zoning By-laws, the design standards in '
3153 and the yard, lot coverage and green area standards in '
3120, 3130 and 3140.However, cluster
development is encouraged wherever feasible.Developers
are strongly discouraged from seeking variance(s) in provisions relating
to elevation ('
3310) or any provisions related to flood areas or governing enclosures
below a structure's lowest floor.
E.Energy
efficiency.Attention
should be paid to energy efficiency and reduced maintenance costs.Design
exceeding HUD housing quality standards [HQS] and state building and/or
sanitary codes will be favorably received.
F.Integration
of affordable and market units.Units
designated as below market rate or subsidized shall be integrated throughout
a development and not be distinguishable from the exterior.Interior
features of affordable units shall comply in all respects to the minimum
design and constructions standards set forth in the Local Initiative Guidelines
by the Massachusetts Department of Housing and Community Development, July
1996, or as amended. Affordable units should be situated within the development
so as to be in equally desirable locations as market rate units and equally
accessible to public amenities such as open space.SEE
CURRENT LIP GUIDELINES.
G.Timing
of construction or provision of affordable units or lots.To
the maximum extent feasible, affordable units shall be constructed or rehabilitated
at the same time asmarketrate
units (if any.).Timing of development
shall occur in accord with a construction schedule which shall be mutually
agreed upon and set forth in writing. The construction schedule must identify
units as affordable or market.This provision is intended to assure the
inclusion and timely completion of the affordables.
7.
DEVELOPER CRITERIA
A.Prior
experience.
The PHP will look for prior relevant construction experience of both developer
and development team, although no member of the team is required to have
previously developed affordable housing. References will be checked.Developers
should disclose any less-than-satisfactory prior experiences rather than
let the reference search discover them.
B.Cooperation.
The developer must demonstrate a willingness to work cooperatively with
all town boards and agencies through construction completion and the issuance
of a certificate of occupancy.Examples
of cooperativeness include but are not limited to
!submission
of complete application,
!regular
meetings with the PHP and such agencies as request them,
!availability
of key personnel on development team,
!timely
reports.
8.
SUBMISSION PROCESS
A.First
look.
Developers must seek PHP input before proceeding to formal proposals and
presentations.As a first step the
developer should submit an overview of the proposed project and request
an appointment to discuss the project and receive PHP guidance.Small
projects (one or two units) may be allowed a simplified application process.
B.Coordination
of Submissions.In
the event that a developer is planning to apply for State or CountyHOME
funding, the developer may save time by submitting 3 copies of such applications
to the PHP (plus additional exhibits which may be requested by the PHP),
even if available only in preliminary form..
C.Formal
Review.
After preliminary discussion with the PHP, the developer must submit the
following information for formal review.The
submission must follow the order given here, in sections separated by numbered
tabs.Three [3] copies of the application
should be submitted, although only one set of plans is required.
Tab
1:
(1)
Project name, contact person (address, telephone, fax, etc.), names and
resumes of members of the development team (owner, proposed lender, attorney,
consultant, architect, contractor, and management firm in the case of rentals.)
(2)
Detailed project description including location, number of units and unit
mix with respect to ownership and/or rental.
(3)
Distribution of units by bedrooms, sale/rental prices, subsidized/market
sale or rental units.
(4)
Proposed density, total site area, total buildable site area, total building
coverage of site, site coverage for walks, parking, roads and open space
on site at completion.
(5)
Amenities, including Social and fiscal benefits estimated to derive from
the project.
Tab
2:
(6)
Site plan.
(7)
Locus plan showing contiguous and nearby uses, water supplies, schools,
public buildings, residences,and
any known subsidized housing.
(8)
Preliminary site analysis including topography, existing utilities, town
water, wetlands, variances and/or permits needed or in hand.
(9)
The proposed water distribution system with comments from the Provincetown
Water & Sewer Board and a communal sewerage treatment and disposal
system with comments from the Provincetown Board of Health.
Tab
3:
(10)
Architectural concept including building and unit design.
Tab
4:
(11)
Housing subsidy or other government programs to be involved in the development.
(12)
Provisions for long-term affordability and the vehicle(s) intended to provide
it.
Tab
5:
(13)
Financial statement showing developer's ability to complete project.
(14)
Development pro forma.If applicable,
operating budget.
9.
REVIEW AND EVALUATION PROCESS
A.Review.Upon
receipt of a submission, the PHP will assess it for completeness and if/when
satisfied, schedule one or more consultations with the developer, as many
as necessary to permit revisions.It
is the objective of the PHP to work cooperatively with the developer to
reach the point of endorsement.All
of the previously raised concerns will become the basis for evaluation,
along with these general criteria:
(1)
Suitability of the proposed location for this proposal.Will
nearby land uses be supported by or damaged by having the proposed use
carried out?What other uses of the
site would be displaced or preempted by this development? Are roads, drainage,
other public services adequate?Is
site subject to erosion, siltation, potential groundwater or surface water
contamination, habitat disturbance, or loss of valuable natural vegetation?
Has traditional public access to or along the shoreline, if any, been maintained?
(2)
Suitability of activity.Does
proposed activity have damaging seasonal consequences, including excessive
addition to peak period congestion?At
what level does proposed housing contribute to year round affordability?
(3)
Suitability of design.Are
scenic views from public ways and developed properties treated with consideration?Is
parking impact and visibility minimized?
(4)
Effect of project
on fire, police and school services, traffic, recreation, etc., and the
mitigations proposed to prevent excessive impacts .
(5)
Feasibility.Does
proposal give reasonable assurance of successful completion?Does
it promise an experienced and adequately financed development team?
B.Prioritization.In
the event of applications for more than the available number of Affordable
Housing Permits, the PHP will favor those proposals which in its opinion
best meet the needs of the town.
C.Authorization.
Upon satisfaction of all conditions outlined in these procedures and any
others arising in the process of consultation, the PHP will authorize release
by the Inspector of Buildings of Affordable Housing Permits.Authorization
will be followed by support as necessary before relevant officials and
boards, at the developer's request.
Michael
Bunn, Chairman
Provincetown
Housing Partnership
posted
Town Hall:
Advocate:December
18, 1997