Local Housing Partnership
Judge Welsh Hearing Room
Members
present: Arturo Alon,
Tim Hazel, Melissa Jones
and Noah Taylor.
Member
absent: Scott Campbell and
Bryan Green
Staff: Maxine Notaro and
Doug Taylor
Others: Michele Couture and
Molly Purdue
Meeting
Agenda
Discussion on Zoning Bylaws
Arturo Alon called the meeting to order at
Doug Taylor suggested keeping the by-law as
simple as possible. After a bit of
discussion, the reworked by-law as agreed upon follows:
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 Secion 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
and all change of use on a lot including mixed use from a non-residential use
to a residential use including but not limited to a boarding, lodging,
or tourist homes use, to a residential use regardless whether other Special
Permits or Variances are required, must obtain an affordable housing permit
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.
Developments
may not be phased, subdivided, or segmented to avoid compliance with the
conditions or provisions of this by-law.
vi.
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
Motion: Amend Section 4170 as detailed above.
Motion: Tim Hazel Seconded: Noah Taylor Vote:
4-0-0.
The Partnership then wondered what was happening
with Michael Lussier?
Ken Weiss is definitely in violation and is renting the place to
Michael. Ken wants the Town to sign off
and the LHP is not going to do it. Ken
is trying to protect himself. Maxine
said Michael appears to be qualified for affordable housing. Tim Hazel said that we have a unit and an identified
owner. The hurdle is the lottery
system. Ken is profiting off this unit
and he shouldn’t be.
Someone needs 3rd party verification
- as in the bank before committing for a house loan. Tim H. thought that maybe the group should
recommend to Michael that he call Patrick Manning to ask how to go about
getting verification.
A J said he has to get 3rd party
income verification. Ken’s not supposed
to be charging rent and he hasn’t given us the $3K for the affordable housing
fund. Also Ken has to decide that he has
to pay the $3K to the town. Michael has
provided all the information and Ken is just trying to avoid the $3K lottery
charge.
Maxine will probably call Karen DePalma’s office
and find out what’s going on.
The next
meeting will be a joint meeting with Planning on February 21st at
Adjournment happened at
Respectfully
submitted,
Evelyn Gaudiano
Approved by ____________________________on
______________, 2007.
Arturo Alon,
Chair