Local Housing Partnership
and
Provincetown Housing Authority
Judge Welsh Hearing Room
November 8, 2006
5:30 p.m.
LHP
Members present: Arturo Alon,
Scott Campbell, Tim Hazel, Melissa Jones,
and Noah Taylor.
PHA
Members present: Nancy Jacobsen,
Harry Opsahl-Gee, Pam Parmakian,
and Molly Perdue
PHA
Member absent: George Bryant
Others: Keith Bergman, Michelle Couture, and
Doug Taylor
Article
12. Zoning By-Law Amendment: Growth Management Change of Use: Affordable
Housing Requirement. To see if
the Town will vote to amend the Provincetown Zoning By-laws to allow a change
of use from non-residential use to residential use through the issuance of a
Special Permit by the Zoning Board of Appeals, contingent upon the lot
complying with Title V of the State Sanitary Code and the requirement that the
creation of 5 or more new dwelling units will include an affordable housing
set-aside of 33%, by
(a)
adding the italicized language so that said Section 4100 reads as follows:
“Section
4100 Dwelling Units and Commercial Accommodation The following requirements
shall apply to new development for multi-family dwellings or commercial
accommodations, or to conversion of existing premises through change in use
(see 4170), occupancy, tenure or structure to result in use for more dwellings
or guest units than as of July 1, 1978, or to construction or conversion
resulting in three or more dwelling units on a lot. Where other provisions of
this By-Law or other controls are more restrictive, those more restrictive
requirements shall apply and take precedence.”;
(b) by changing the numbering sequence for Article 4 Sections 4170 and 4180, so that said Section 4170 shall be renumbered as Section 4164 and said Section 4180 shall be renumbered as Section 4165;
(c)
and by adding the following Article 4 Section 4170:
“4170
Change of Use Any change of use on a lot from a non-residential use to a
residential use, or a boarding, lodging or tourist homes use, to a residential
use regardless whether other Special Permits or Variances are required, must
comply with the following conditions:
i.
Such change of use shall be authorized with a Special Permit from the Zoning
Board of Appeals as provided for in Section 5300, which may require a
Development Impact Statement as specified in Article 5, Section 5331.
ii.
Obtain a finding of compliance with Title V of the State Sanitary Code, as
determined by the Board of Health, such compliance to be certified by a
Registered Engineer.
iii.
Such change of use resulting in the creation of five (5) or more dwelling units
shall be required to set aside a minimum of 33% of the total number of dwelling
units for affordable housing as defined in Article 1 of these By-laws.
iv.
The project must comply with the provisions of Article 4, Section 4100.
v.
None of the above shall relieve the applicant of complying with other
provisions of these By-Laws.” ;
or
to take any other action relative thereto.
[Requested by the Provincetown Local Housing Partnership]
This combined meeting came together at this late
date because they are trying to expand the scope of the above article.– i.e.,
changes of use that do not increase flow.
The scope of the article may not be able to add
community housing. Town counsel said –
if you want to add community housing, let’s make it as good an article as we
can even though we thought that we may have to wait for the next town meeting
to do it, our attorneys said it could be done now. These two committees are assembled to prepare a motion and urge
the Planning Board to amend the above article for the Special Town meeting.
Keith Bergman said that the fundamental question
he would have – substantively – does the attorney’s draft get us where we want
to go? Big question. If the Planning Board doesn’t issue a report on the article, then the town
meeting can’t vote on it. Michele
Couture said that there are a couple of procedural issues there. Our warrant closes for town meeting and we
can only get zoning amendments in before the warrant closes. There are problems with the time constraints
and procedural issues. KAB has been
here 17 years and he has never seen a Planning Board scuttle anything or delay
it.
KAB said a strong suggestion in pitching this
amendment to the Planning Board would be to state what and why you want this
amendment. Planning could vote to
have one of three options: 1) to recommend 2) to not recommend, or
3) have no report.
Adding in the amendment gets to do what we want
to do. If Planning doesn’t go for it
then we ask, what is their reasoning? Whatever you want to call it, Tim Hazel said
it means the same thing. "It seems
that all this procedural stuff is splitting hairs!" "It's just that we didn't say
'community housing' in our original article."
LHP
Motion: Request the Planning Board at
their meeting tonight to amend STM Article 12.
Motion: Tim Hazel Seconded: Scott
Campbell Vote: 5-0-0.
PHA
Motion: Request the Planning Board at
their meeting tonight to amend STM Article 12.
Motion: Pam Parmakian Seconded: Nancy
Jacobsen Vote: 4-0-0.
Keith said the proponents may not want to wait
because if you wait until the April town meeting, then some projects may pass
by. Once a new zoning by-law is out
there, then you will have contractors lining up to beat the deadline. The whole purpose of the summit was to get
moving. A few years ago residents were
angry and didn’t want any restrictions on their properties. Since the spector of a change is out there –
you may see a lot of proposals coming in.
There was much discussion on worker housing,
community housing, affordable housing and as these categories referred to 1a,
b, and c. These discussions will be
concluded at a later time. Also
decisions will be made on a case by case basis.
THIS COMBINED MEETING WAS NOT ADJOURNED WHEN I
WAS EXCUSED AT 6:30P, THE GROUPS WERE WAITING FOR PLANNING TO BEGIN AT
7:00P. A J ALON PROMISED TO E-MAIL ME
THE OUTCOME OF THE PLANNING BOARD MEETING SO THAT I COULD INCLUDE IT IN THESE
MINUTES. I'M WAITING…………………………….
Respectfully
submitted,
Evelyn Gaudiano
Approved by ____________________________on
______________, 2006.
Arturo Alon,
Chair