SPECIal Town
Meeting
To
either of the Constables of the Town of
In the name of the Commonwealth of
Massachusetts and in the manner prescribed in the Charter and By-laws of said
Town, you are hereby directed to notify the inhabitants of the Town qualified
by law to vote in Town affairs to meet and assemble at Provincetown Town Hall on Wednesday,
the Fourth day of April, A.D. 2007 at 6:00 o'clock in the evening, then and
there to act on the following articles, to wit:
Article 1. Phase II Sewer
Project. To
see if the Town will vote to appropriate and borrow the sum of $175,000 for
Phase II of the sewer project, with said borrowing authority contingent upon the voters approval of a Proposition
2½ override ballot question, in accordance with the provisions of MGL C. 59,
§21C(m); with said sum to be expended
under the direction of the Town Manager and the Board of Selectmen for
the development of plans and specifications for optimization and expansion to
the Town’s sewerage systems, and including without limitation all costs defined
under C.29C,§1 of the General Laws; and to raise said appropriation the Town
Treasurer, with the approval of the Board of Selectmen, is authorized to borrow
said sum of money under and pursuant to C.44,§7(1) and/or C.29C of the General
Laws, or any other enabling authority, and to issue bonds or notes of the Town
therefor; and that to the extent that any State, Federal or other funds are or
become available for the purposes set forth above, the Board of Selectmen is
authorized to apply for and accept such funds; and, further, the Town votes to
authorize the Water and Sewer Board to assess one hundred percent of the
project cost to the Town upon those who benefit from the project, such
assessments to be made by the Uniform Unit method as provided by General Laws
Chapter 83, Section 15; or to take any other action relative thereto.
[Requested by the Board of Selectmen]
Article 2. Community Preservation Funds for
Community Housing Phase II Sewer Costs. To see if the
Town will vote to hear and
act on the report of the Community Preservation Committee, to appropriate from
Community Preservation Fund revenues, as recommended by the Community Preservation
Committee, the sum of $100,000 of community housing
funds to create a fund to reserve 20,000 GPDs of Title 5 design flow for
community housing to be built in Phase II of the sewer project, provided that
amounts expended hereunder shall be repaid to the Community Preservation Fund
by the developer of such community housing upon issuance of the final
betterment assessment by the Water & Sewer Board; or to take any
other action relative thereto.
[Requested by the Community Preservation
Committee]
Article 3. Establishment
of
SECTION
1. The second sentence of Section 1 of Chapter 230 of the Acts of 2002 is
hereby amended to read as follows:
“Expenditures from the Affordable Housing Trust Fund shall be authorized by a
majority vote of said housing authority, in consultation with the Provincetown housing partnership the
SECTION 2. This act shall take effect upon its
passage.
The
General Court may only make clerical or editorial changes of form to the bill,
unless the Board of Selectmen approves amendments to the bill before enactment
by the general court. The Board of Selectmen is hereby authorized to
approve amendments which shall be within the scope of the general public
objectives of this petition; or to take any
other action relative thereto.
[Requested by
the Board of Selectmen and the Town Manager]
Article 4. Zoning
Amendment –
[Requested by
the Board of Selectmen, the Housing Authority, and the Town Manager]
Article 5. Home Rule Petition Provincetown Community
Housing Bank – Real Estate Transfer Fee. To see if the Town will vote to instruct
its senator and representative in the General Court to file a home rule
petition for a transfer fee equal to 1.5 percent and paid by the seller on the
sale of all property, providing that: (a) all primary residences be allowed to
first exempt from the fee an amount equal to the median price of a home sold in
Barnstable County for the previous calendar year ($360,000 in 2005); (b) there
be public accountability to insure that the funds collected shall be dedicated
effectively to the creation and preservation of affordable/community housing
opportunity serving a population earning up to 150 percent of area median
income and (c) the transfer fee cease ten years after its initial
implementation; with said special act to read as follows:
SECTION 1. For the purposes of this act, the words
and phrases set forth in this section shall have the following meanings:
"Community Housing", rental and
home ownership housing units for use by those residents of Provincetown earning
150 per cent or less of the median household income for Barnstable county, as calculated and adjusted for household size
annually by the federal Department of Housing and Urban Development (HUD); this
percentage of median income, should economic conditions warrant a change, can
be adjusted by a majority vote of the community housing council.
"Eligible Applicants",
non-profit and for-profit corporations and organizations, individuals, and
public entities.
"Housing Bank", the
Provincetown Community Housing Bank, established by section 2.
"Community housing council",
the Provincetown Community housing council, established by section 3.
"Legal representative", with
respect to any person, shall mean any other person acting under a written
power-of-attorney executed by that person, but any affidavit attesting to the
true and complete purchase price of real property, submitted to the community
housing council under section 9, may also be signed on behalf of that person by
an attorney admitted to practice in the commonwealth.
"Purchaser", the transferee,
grantee or recipient of any real property interest.
"Purchase price", all
consideration paid or transferred by or on behalf of a purchaser to a seller or
a seller's nominee, or for the seller's benefit, for the transfer of any real
property interest, including, but not limited to, all cash or other property
paid or transferred by or on behalf of the purchaser to discharge or reduce any
obligation of the seller; the principal amount of all notes or their
equivalent, or other deferred payments, given or promised to be given by or on
behalf of the purchaser to the seller or the seller's nominee; the outstanding
balance of all obligations of the seller which are assumed by the purchaser or
to which the real property interest transferred remains subject after the
transfer, determined at the time of transfer but excluding real estate taxes or
other municipal liens or assessments which are not overdue at the time of the
transfer; and the fair market value at the time of transfer of any other
consideration or thing of value paid or transferred by or on behalf of the
purchaser, including, but not limited to, any property, goods or services paid,
transferred or rendered in exchange for the real property interest.
"Real property interest", any
present or future legal or equitable interest in or to real property, and any
beneficial interest therein, including the interest of any beneficiary in a
trust which holds any legal or equitable interest in real property; the
interest of a partner or member in a partnership or limited liability company,
the interest of a stockholder in a corporation, the interest of a holder of an
option to purchase real property, the interest of a buyer or seller under a
contract for purchase and sale of real property, and the transferable
development rights created under Massachusetts General Laws chapter 183A; but
shall not include any interest which is limited to any of the following: the dominant estate in any easement or right
of way; the right to enforce any restriction; any estate at will or at
sufferance; any estate for years having a term of less than thirty years; any
reversionary right, condition, or right of entry for condition broken; and the interest of a mortgagee or other
secured party in any mortgage or security agreement.
"Seller", the transferor,
grantor or immediate former owner of any real property interest.
"Time of transfer", of any real
property interest shall mean, the time that the transfer is legally effective
between the parties to the transfer, and, with respect to a transfer evidenced
by an instrument recorded with the appropriate registry of deeds or filed with
the assistant recorder of the appropriate registry district, not later than the
time of the recording or filing.
SECTION 2. There shall be a Provincetown
Community Housing Bank, to be administered by a community housing council
established by section 3, for the purpose of providing funding for community
housing as set forth in section 5. The Housing Bank shall be a body politic and
corporate and a public instrumentality, and the exercise of the powers
conferred upon the Housing Bank by this act shall be considered to be the
performance of an essential governmental function.
SECTION 3.
(a) The Provincetown Community Housing
Bank shall be administered by a community housing council consisting of five
(5) regular and two (2) alternate members who are legal residents of
(b) Administration: Members shall serve
without compensation. The community housing council shall elect a chairman and
a vice chairman from among their regular members and shall elect a secretary
and a treasurer who may be the same person, and who need not be members of the
community housing council. The members of the community housing council shall
adopt, after holding a public hearing, rules and regulations for conducting its
internal affairs and procedural guidelines for carrying out its
responsibilities under this act.
(c) Quorum: A quorum for the
SECTION 4A. The community housing council
shall (a) provide funding as has been first approved by an annual or special
town meeting of the town of Provincetown, in the form of grants, loans, loan
guarantees, lines of credit, interest subsidies, rental assistance or any other
means determined to further the goals of the housing bank for eligible
community housing activities under section 5, (b) accept gifts of funds to
further the purposes of the housing bank; (c) prepare an annual budget,
provided however no more than 5% of all funds received by the housing bank
during any fiscal year may be spent for administration purposes without
approval by an annual or special town meeting of the town of Provincetown, (d)
hire staff and obtain professional services that are necessary in order to
perform its duties; (e) adopt regulations and procedures that it considers
necessary or appropriate, subject to this act, regarding the use and investment
of its funds and the keeping of records and accounts; (f) adopt procedures in the form of rules and
regulations that it considers necessary or appropriate setting forth its
programmatic goals, policies and recommendations to serve as standards for
decisions to provide funding for
programs under section 5, provided however, such procedures shall not
take effect until approved by an annual or special town meeting of the town of
Provincetown; and (g) enter into and enforce contracts that it considers
necessary to achieve the goals of this legislation.
SECTION 4B. The Town of
SECTION 4C. The housing bank may issue
bonds and notes to further the purposes of the housing bank but only if the
issuance of these bonds or notes has been approved by a two thirds majority
vote at a
The Community housing council may enter
into any agreements, including without limitation a loan agreement and a trust
agreement, necessary to effectuate and to secure any bonds or notes issued by
the housing bank. Such agreements may
pledge or assign, in whole or in part, the revenues and other money held or to
be received by the housing bank. Such
agreements may contain such provisions for protecting and enforcing the rights,
security and remedies of the holders of such bonds or notes, including, without
limiting the generality of the foregoing, provisions defining defaults and
providing for remedies in the event thereof which may include the acceleration
of maturities and covenants setting forth the duties of, and limitations on,
the housing bank in relation to the custody, safeguarding, investment and
application of money, the issuance of additional debt obligations, the use of
any surplus proceeds of the borrowing, including any investment earnings
thereon, and establishment of special funds and reserves.
The pledge of any such agreement shall be
valid and binding and shall be deemed continuously perfected for the purposes
of the Uniform Commercial Code from the time when the pledge is made; the
revenues, money, rights and proceeds so pledged and then held or thereafter
acquired or received by the housing bank shall immediately be subject to the
lien of such pledge without any physical delivery or segregation thereof or further
act; and the lien of any such pledge shall be valid and binding against all
parties having claims of any kind in tort, contract or otherwise against the
town or county, irrespective of whether such parties have notice thereof. No document by which a pledge is created need
be filed or recorded except in the records of the housing bank and no filing
need be made under the Uniform Commercial Code.
The trustee with respect to any such
trust agreement entered into pursuant to this section shall be a trust company
or a bank having the powers of a trust company within the commonwealth. Any such trust agreement may provide that any
money received thereunder may be held, deposited or invested by the trustee,
notwithstanding the provisions of section 7A pending the disbursement thereof,
in any deposits or investments which are lawful for the funds of savings banks
and shall provide that any officer with whom or any bank or trust company with
which such money shall be deposited shall act as trustee of such money and
shall hold and apply the same for the purposes hereof and thereof, subject to
such regulation or limitation as this act or such trust agreement may provide.
It shall be lawful for any bank or trust
company within the Commonwealth to act as depository of the proceeds of bonds
or notes, revenues or other money hereunder and to furnish such indemnifying
bonds or to pledge such security, if any, as may be required by the
Council. Any trust agreement entered
into pursuant to this section may set forth the rights and remedies of the
holders of any bonds or notes and of the trustee and may restrict the
individual rights of action by any such holders. In addition to the foregoing, any such trust
agreement may contain such other provisions as the Council may deem reasonable
and proper. All expenses incurred in
carrying out the provisions of such trust agreement may be treated as part of
the cost of operation of the housing bank and paid from the revenues or other
funds pledged or assigned to the payment of the principal of and the premium,
if any, and interest on the bonds or notes or from any other funds available to
the housing bank. In addition to other
security provided herein or otherwise by law, bonds or notes issued under this
section may be secured, in whole or in part, by insurance or by letters or
lines of credit or other credit facilities issued to the housing bank by any
bank, trust company or other financial institution, within or without the
Commonwealth, and the housing bank may pledge or assign any of its revenues as
security for the reimbursement by the housing bank to the issuers of such
letters or lines of credit, insurance or credit facilities of any payments made
thereunder.
SECTION 4D. If at any time any principal or interest is
due or about to come due on any bonds or notes of the housing bank to secure
which the full faith and credit of the town of Provincetown shall have been
pledged and funds to pay the same are not available, the Council shall certify
to the town treasurer and selectmen of the town the amount required to meet
such obligations and the town treasurer shall thereupon pay over to the housing
bank the amount so certified from any funds in the treasury. For the purpose of providing or restoring to
the treasury the sums so paid over to the housing bank, the town treasurer,
with the approval of the selectmen, is authorized to incur debt outside the
town's debt limit and issue notes therefore for a period not exceeding two
years and to renew or refund the same from time to time until the town shall
have received from the housing bank sufficient funds to repay such notes and
the interest thereon in full. Whenever
the town shall have been required to pay over any sums of money to the housing bank
under this section, the housing bank shall be precluded from issuing any grants
or purchasing, constructing or making improvements to land or housing, or
issuing any of its bonds or notes for purposes other than repaying the town,
until the housing bank shall have repaid the town in full for all sums paid to
the housing bank hereunder, including interest on any notes issued for such
purpose, unless the town shall have appropriated sufficient funds for such
purpose at a town meeting.
SECTION 4E. Bonds and notes issued under the provisions
of this act are hereby made securities in which all public officers and public
bodies of the Commonwealth and its political subdivisions, all insurance
companies, trust companies in their commercial departments, savings banks,
cooperative banks, banking associations, investment companies, executors,
administrators, trustees and other fiduciaries may properly and legally invest
funds, including capital in their control or belonging to them. Such bonds and notes are hereby made
securities that may properly and legally be deposited with and received by any
state or municipal officer or any agency or political subdivision of the
Commonwealth for any purpose for which the deposit of bonds or obligations of
the Commonwealth is now or may hereafter be authorized by law.
SECTION 4F. Notwithstanding any of the provisions of this
act or any recitals in any bonds or notes issued under this act, all such bonds
and notes shall be deemed to be investment securities under the Uniform Commercial
Code.
SECTION 4G. The Housing Bank's revenues
and income will be used solely for the furtherance of its public purposes and
shall be exempt from taxation. The Housing Bank and all its revenues, income
and real and personal property used solely by the Housing Bank in furtherance
of its public purposes from the date of acquisition thereof, shall be exempt
from taxation and from betterments and special assessments and the Housing Bank
shall not be required to pay any tax, excise or assessment to or for the
Commonwealth or any of its political subdivisions. Bonds and notes issued by the Housing Bank,
their transfer and the income therefrom, including any profit made on the sale
thereof, shall at all times be exempt from taxation within the Commonwealth.
SECTION 4H. With authorization of an annual or special
town meeting of the town of Provincetown as provided for in section 4C of this
Act, bonds and notes may be issued under this act without obtaining the consent
of any department, division, commission, council, board, bureau or agency of the
town of Provincetown, except that the full faith and credit of the town of
Provincetown shall not be pledged for the payment of such bonds or notes unless
such pledge shall have been authorized by a two-thirds vote as provided in this
Act, and without any other proceedings or the happening of any other conditions
or things than those proceedings, conditions or things which are specifically
required therefore by this act. The
validity of and security for any bonds and notes issued by the housing bank shall
not be affected by the existence or nonexistence of any such consent or other
proceedings, conditions or things.
SECTION 5. The Provincetown Community
Housing Bank shall be a funding agency only, but may acquire by purchase, lease
or gift offices for its operation, and may enter into leasebacks, mortgages or
other loans for this purpose. Upon receiving applications from eligible
applicants in a competitive process which will include public notice of funding
availability, and in a form prescribed by the council, and upon compliance with
the provisions of section 4A of this Act, the housing bank will provide funding
for eligible community housing activities as defined below, while respecting
special
Eligible community housing activities for
receipt of funding shall include, but not be limited to, the following:
(a) Purchase and rehabilitation of
existing structures for rental or home ownership;
(b) Construction of rental or home
ownership housing and necessary on-site or off site infrastructure, including
mixed use development;
(c) Purchase of land, and any and all
improvements including easements;
(d) Down payment assistance, grants and
soft second loans;
(e) Rental assistance programs;
(f) Modernization and capital
improvements of existing rental and ownership housing;
(g) Creation of apartments and other
ancillary housing;
(h) Housing counseling, predevelopment
costs and technical assistance associated with creating community housing
projects and programs; and
(i) Mixed -use development projects.
SECTION 6. All housing units created by
funding from a housing bank under this act shall be deed restricted in
perpetuity for use as community housing as defined in section 1 of this act,
except in cases when the community housing council determines that a deed
restriction is not feasible, and except in cases when the community housing
council makes a finding that such a deed restriction would delay, prevent or
otherwise defeat the purpose of developing and making available to the public
Community Housing.
SECTION 7A. The Community housing council
shall meet its financial obligations by drawing upon a fund to be set up as a
revolving or sinking account of the community housing council in the treasury
of the Town of
SECTION 8. The community housing council
shall keep a full and accurate account of its actions including a record of
when, from or to whom, and on what account money has been paid or received
under this act. These records shall be subject to examination by the director
of accounts or the director's agent under section 45 of chapter 35 of the
General Laws. There shall be an annual
audit conducted by a duly recognized accounting firm, and a copy of that audit
shall be distributed to the Board of Selectmen of the Town of
SECTION 9. There is hereby imposed a fee
equal to one-and-one-half per cent of the purchase price upon the transfer of
any interest in real property located within the Town of
SECTION 10. At any time within seven days
after the issuance of the certificate of payment of the fee imposed by section
9, the seller or the seller's legal representative may return the certificate
to the community housing council or its designee for cancellation, together
with an affidavit signed under oath or under the pains and penalties of perjury
that the transfer has not been consummated.
After receiving this certificate and affidavit, the community housing
council shall in due course return the fee to the seller or the seller's legal
representative.
SECTION 11. The following transfers of
real property interests shall be exempt from the fee established by section 9. Except
as otherwise provided, the seller shall have the burden of proof that any
transfer is exempt under this section and any otherwise exempt transfer shall
not be exempt in the event that such transfer (by itself or as part of a series
of transfers) was made for the primary purpose of evading the fee imposed by
Section 9.
(-a-) Transfers to the government of the
(-b-) Transfers which, without additional
consideration, confirm, correct, modify or supplement a transfer previously
made.
(-c-) Transfers made as gifts without
consideration. In any proceeds to determine
the amount of any fee due hereunder, it shall be presumed that any transfer for
consideration of less than fair market value of the real property interests
transferred was made as a gift without consideration to the extent of the
difference between the fair market value of the real property interests
transferred and the amount of consideration claimed by the seller to have been
paid or transferred, if the purchaser shall have been at the time of transfer
the spouse, the lineal descendant, or the lineal ancestor of the seller, by
blood or adoption, and otherwise it shall be presumed that consideration was
paid in an amount equal to the fair market value of the real property interests
transferred, at the time of transfer.
(-d-) Transfer to the trustees of a trust
in exchange for a beneficial interest received by the seller in such trust;
distributions by the trustees of a trust to the beneficiaries of such trust.
(-e-) Transfers by operation of law
without actual consideration, including but not limited to transfers occurring
by virtue of the death or bankruptcy of the owner of a real property interest.
(-f-) Transfers made in partition of land
and improvements thereto, under chapter two hundred and forty-one of the
General Laws.
(-g-) Transfers to any charitable
organization as defined in clause Third of section five of chapter fifty-nine
of the General Laws, or any religious organization, provided that the real
property interests so transferred will be held by the charitable or religious
organization solely for its public charitable or religious purposes.
(-h-) Transfers to a mortgagee in
foreclosure of the mortgage held by such mortgagee, and transfers of the
property subject to a mortgage to the mortgagee in consideration of the
forbearance of the mortgagee from foreclosing said mortgage.
(-i-) Transfers made to a corporation or
partnership or limited liability company at the time of its formation, pursuant
to which transfer no gain or loss is recognized under the provisions of section
three hundred and fifty-one or seven hundred and twenty-one of the Internal
Revenue Code of 1986, as amended; provided, however, that such transfer shall
be exempt only in the event that (i) with respect to a corporation, the
transferor retains an interest in the newly formed corporation which is
equivalent to the interest the transferor held prior to the transfer, or (ii)
with respect to a partnership or limited liability company, the transferor
retains after such formation rights in capital interests and profit interests
within such partnership or limited liability company which are equivalent to
the interest the transferor held prior to the transfer.
(-j-) Transfers made to a stockholder of
a corporation in liquidation or partial liquidation of the corporation, and
transfers made to a partner of a partnership or to a member of a limited
liability company in dissolution or partial dissolution of the partnership or
limited liability company; but the transfer shall be exempt only if (i) with
respect to a corporation, the transferee receives property (including real
property interests and other property received) which is the same fraction of
the total property of the transferor corporation as the fraction of the
corporation's stock owned by the transferee prior to the transfer or (ii) with
respect to a partnership or limited liability company, the transferee receives
property (including real property interests and other property received) which
is the same fraction of the property of the partnership or limited liability
company as the fraction of the capital and profit interests in the transferor
formerly owned by the transferee.
(-k-) Transfers consisting of the
division of marital assets under the provisions of section thirty-four of
chapter two hundred and eight of the General Laws or other provisions of law.
(-l-) Transfers of property consisting in
part of real property interests situated in Barnstable county and in part of
other property interests, to the extent that the property transferred consists
of property other than real property situated in Barnstable county; provided
that the purchaser shall furnish the Council with such information as it shall
require or request in support of the claim of exemption and manner of
allocation of the consideration for such transfers.
(-m-)
The first amount equal to the median price of a single family home sold
in Barnstable County for the previous calendar year of the sale price of any
transfer or series of transfers of real property interests in a single parcel,
provided, however, that such an exemption shall be applied only to the
principal residence of a taxpayer as used by the taxpayer for income tax
purposes.
(-n-)
Transfers of minority interests in corporations, trusts, partnerships or
limited liability companies which are publicly traded, which trades are not
part of a series of transfers which together constitute a transfer of control
of a corporation, trust, partnership or limited liability company.
SECTION 12. A seller who fails to pay all
or any portion of the fee established by section 9 on or before the time when
the fee is due shall be liable for the following additional payments in
addition to the fee:
(a) Interest. The seller shall pay
interest on the unpaid amount of the fee to be calculated from the time of
transfer at a rate equal to prime rate at the time of transfer plus 1 per cent
per annum, adjusted each year in accordance with changes in prime rate.
(b) Penalties. Any person who, without
fraud or willful intent to defeat or evade a fee imposed by section 9, fails to
pay all or a portion of the fee within 30 days after the time of transfer,
shall pay a penalty equal to five per cent of the outstanding fee as determined
by the community housing council for each month or portion of a month that the
fee is not paid in full, but in no event shall the amount of any penalty
imposed under this paragraph exceed 25 per cent of the unpaid fee due at the
time of transfer. Whenever the community housing council determines that all or
a portion of a fee due under section 9 was unpaid due to fraud with intent to
defeat or evade the fee, a penalty equal to the amount of the fee as determined
by the community housing council shall be paid by the seller in addition to the
fee.
SECTION 13A. (a) The Community housing
council shall notify a seller by registered or certified mail of any failure to
discharge in full the amount of the fee due under section 9 and any penalty or
interest assessed. The Community housing council shall grant a hearing on the
matter of the imposition of the fee, or of any interest or penalty assessed, if
a petition requesting a hearing is received by the Community housing council
within 30 days after the mailing of the notice. If the Council has determined
that a fee is due by asserting the application of the evasion of fee doctrine
described in section 11 of this Act, then the seller shall have the burden of
demonstrating by clear and convincing evidence as determined by the Council
that the transaction possessed both: (i) a valid, good faith business purposes
other than avoidance of the fee set forth in section 9 of this Act and (ii)
economic substance apart from the asserted fee avoidance benefit. In all such
cases the seller shall also have the burden of demonstrating by clear and
convincing evidence as determined by the council that the asserted
non-fee-avoidance business purpose is commensurate with the amount of the fee
pursuant to section 9 to be thereby avoided.
The Community housing council shall notify the seller in writing by
registered or certified mail of its determination concerning the deficiency,
penalty or interest within 15 days after the hearing. Any party aggrieved by a
determination of the Community housing council concerning a deficiency, penalty
or interest may, after payment of the deficiency, appeal to the district or
superior court within 3 months after the mailing of notification by the
Community housing council.
Upon the failure to timely petition for a
hearing, or appeal to the court, within the time limits established in this
paragraph, the seller shall be bound by the terms of the notification,
assessment or determination, and shall be barred from contesting the fee or any
interest and penalty, as determined by the Community housing council. All
decisions of these courts shall be subject to appeal. Every notice to be given
under this section by the Community housing council shall be effective if
mailed by certified or registered mail to the seller at any available legal
address of the seller, or at the address stated in a recorded or registered
instrument by virtue of which the seller holds any real property interest, the
transfer of which gives rise to the fee which is the subject of the notice;
and, if no address is stated or if the transfer is not evidenced by an
instrument recorded or registered in the public records of Barnstable county,
the notice shall be effective when
mailed to the seller in care of any person appearing of record to have
had a fee interest in the land at the time of the transfer, at the address of
that person as set forth in an instrument recorded or registered in Barnstable
county.
(b) All fees, penalties and interest
required to be paid under this act shall constitute a personal debt of the
seller and may be recovered in an action of contract or in any other appropriate
action, suit or proceeding brought by the community housing council subject to
chapter 260 of the General Laws.
(c) Sellers applying for an exemption
under subsections (a) through (n) of section eleven shall be required at the
time of application for exemption to execute an agreement legally binding on
sellers and separately legally binding upon
any Legal Representative of the sellers
(1) assuming complete liability for any fee, plus interest and penalties
if any, waived on account of an allowed exemption subsequently determined to
have been invalid, and (2) submitting to the jurisdiction of the trial court of
the commonwealth sitting in Barnstable county. Fees, plus interest and
penalties if any, shall be calculated as of the date of the initial property
transfer. Execution of the above-described agreement shall not be required of
any mortgagee, pledge, purchaser or judgment creditor unless notice of the
agreement has been recorded or filed by the Community housing council.
The Community housing council, without
waiving any of its rights, may direct a civil action to be filed in the
appropriate district or superior court division of the department of the trial
court sitting in the Barnstable county to enforce the agreement of the
community housing council under this section with respect to this liability or
to subject any property of the delinquent seller, or in which the delinquent
seller has any legal or beneficial right, title or interest, to the payment of
this liability.
The Community housing council may issue a
waiver or release of any agreement imposed by this section. Such waiver or
release shall be conclusive evidence that the agreement is extinguished.
SECTION 13B. This act, being necessary
for the welfare of the town of
SECTION 14. This act shall expire on
SECTION 15. Acceptance of this act shall
be by the affirmative vote of a majority of the voters at any regular or
special town election, or a state election, at which the question of acceptance
has been placed on the ballot. This act shall become effective on the date on
which acceptance by the town has been effected.
The General Court may only make clerical
or editorial changes of form to the bill, unless the Board of Selectmen
approves amendments to the bill before enactment by the general court.
The Board of Selectmen is hereby authorized to approve amendments which shall
be within the scope of the general public objectives of this petition; or
to take any other action relative thereto.
[Requested by the Board of Selectmen, the
Housing Authority, and the Town Manager]
Article 6.
Route 6 Layout Alteration and Perfecting
Title to
[Requested by the Board of Selectmen and
the Town Manager]
Article 7. Zoning By-Law Amendment:
Growth Management Affordable Housing and Community Housing. To see if the Town will vote
to amend the Zoning By-laws, Section 6300(4), to deem properties that have been
granted an Affordable Housing Permit or a Community Housing Permit and
containing 100% Affordable Housing and/or Community Housing dwelling units to
be a public service use pursuant to Section 3 of Chapter 157 of the Acts of
2000, by adding the italicized language so that said section 6300(4) reads as
follows:
“4. Affordable Housing
Permits and/or Community Housing Permits will be
authorized on a priority basis as established by the PLHP, using criteria including but not
limited to housing quality standards, quality of design, degree of
affordability in terms of cost, and financial feasibility of the proposal. No Affordable
Housing Permit and/or Community Housing Permit
shall be issued without prior authorization of the PLHP. Each property in which 100% of
the dwelling units are Affordable Housing and/or Community Housing, and
for which an Affordable Housing Permit or a Community Housing Permit is
granted, shall be deemed a public service use under Section 3 of Chapter 157 of
the Acts of 2000.”
or to take any other action
relative thereto.
[Requested by the Board of Selectmen]
Article 8. Zoning By-law Amendment – Section 4170 –
Proposal I. To see
if the Town will vote to amend the
Zoning By-laws by amending Section 4170 to read as follows:
4170
Change of Use Any and all change of use on a
lot from a non-residential use or a
mixed-use that is predominantly non-residential to a residential use or a mixed-use
that is predominantly residential, or
or from a boarding, lodging or tourist homes use or a mixed-use that is
predominantly a boarding, lodging or tourist homes use to a residential use or
a mixed-use that is predominantly residential, regardless whether other Special
Permits or Variances are required, must obtain
an Affordable Housing Permit and complycomply 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 or Community Housing as
defined in Article 1 of these By-laws, or a
combination of Affordable Housing and Community Housing. The mix of Affordable
Housing and Community Housing shall be determined by the
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.
v. 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
Article 9. Zoning By-law
Amendment – Section 4170 – Proposal II.
To
see if the Town will vote to amend the Zoning
By-laws by amending Section 4170 to read as follows:
Article E. Zoning By-Law Amendment--Section
4170--Proposal II. To see if the Town will vote to
amend the Zoning By-Laws by amending Section 4170 to read as follows (deleted
text shown in strikethrough; added text shown in underline):
4170
Change of Use/Non-Residential to Residential Use Conversions
1. Purpose and Intent
The purpose of this by-law is to
establish special permit requirements for changes of use from commercial to
residential use and to minimize adverse impacts on the community from such
development. In addition, this by-law is intended to create additional
affordable housing opportunities for
2.
Applicability
Any
The following types of change of use on a lot shall require
Special Permit authorization from the Zoning Board of Appeals as provided for
in Article 5, Section 5300:
(a)
Any change of use from a
non-residential use to a residential use, or
(b)
Any change of use from a
boarding, lodging or tourist homes use, to a residential use; and
(c)
Any change of use involving mixed use
development that alters the existing mix of uses such that a predominantly
non-residential development becomes predominantly residential.
3.
Requirements
The Zoning Board of Appeals, as a
condition of any development referred to in Section 2(a)-(c) shall require that
the applicant for special permit approval comply with the following requirements regardless
whether other Special Permits or Variances are required, must comply with
the following conditions:
i.(a) 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(b) The applicant shall Oobtain
a finding of compliance with Title V of the State Sanitary Code, as determined
by the Board of Health, with such compliance to be certified by a
Registered Engineer.
iii.(c) Any Ssuch
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 provide aAffordable hHousing
as defined in Article 1 of these By-laws and more fully described below in
Section 4 Provision of Affordable Units.
iv.(d) The project must comply with the
provisions of Article 4, Section 4100.
v. (e) None of the above shall relieve the applicant
of complying with other provisions of these By- Laws.
4. Provision of Affordable Units
Any special permit application for a
change of use requiring an affordable housing provision pursuant to Section
3(c) above shall comply with the following requirements for affordable units.
For the purpose of calculating the 20% affordable housing contribution, all
numbers shall be rounded to the nearest whole number.
(a) At least 20% of the units created
shall be established as affordable housing units in any one or combination of
methods provided for below:
(1) The affordable
housing units shall be constructed or rehabilitated on the locus subject to the
special permit (see Section 5); or
(2) constructed or
rehabilitated on a locus other than the one subject to the special permit (see
Section 7); or
(3) an equivalent fees-in-lieu-of-payment may be made (see Section
8); or
