ARTICLE 53.  To see if the Town will vote to petition the General Court to enact a Special Act for the Town of Hanover in the manner described below, provided that the General Court may make clerical or editorial changes of form only to the bill, unless the Board of Selectmen approves said changes to the bill before enactment by the General Court, and to further authorize the Board of Selectmen to act on behalf of the Town relative to any inquiries and changes made by the General Court concerning the proposed Act, and to approve amendments which shall be within the scope of the general public objectives of the petition or, to see if the Town will vote to take any action relative thereto.

Board of Selectmen

AN ACT AMENDING THE SUBSIDIZED HOUSING INVENTORY

FOR THE TOWN OF HANOVER

Whereas, the requirements of Massachusetts General Laws (MGL) Chapter 40B, Sections 20-23 (Low and Moderate Income Housing) are intended to encourage the creation and preservation of affordable housing in the Commonwealth of Massachusetts and its individual cities and towns for persons in all ranges of income and ability, and

Whereas, the creation and operation of housing facilities for those with disabilities or special needs, and with unique access, assistance and affordability thresholds in a non-profit educational institution furthers said goal, and

Whereas, Cardinal Cushing Centers, Inc. has constructed and operated such facilities in the Town of Hanover since 2004 and such  operations are certified by the Commonwealth of Massachusetts Department of Children and Families, and

Whereas, similarly operated group home units in the Town of Hanover operated by the Commonwealth of Massachusetts Department of Developmental Services (DDS), formerly known as the Department of Mental Retardation (DMR) qualify as eligible Low and Moderate Income Housing units for the purposes of calculating a community’s Subsidized Housing Inventory (SHI) and are classified as “long term subsidized housing for individuals who are mentally ill or retarded” as reported annually to the Department of Housing and Community Development (DHCD) by the Department of Mental Health (DMH) and the Department of Developmental Services (DDS), and

Whereas the creation of similar special needs housing under Chapter 167 and 689 and supportive housing for persons with disabilities under HUD Section 811 are eligible subsidy programs for the purposes of determining qualifying Low and Moderate Income Housing units in a community’s Subsidized Housing Inventory (SHI) according to Department of Housing and Community Development (DHCD) regulations and guidelines, and

Whereas a broad range of funding and subsidy programs administered by public, private and non-profit entities qualify for the purposes of establishing an eligible subsidy program when determining qualifying Low and Moderate Income Housing units in a community’s Subsidized Housing Inventory (SHI) according to Department of Housing and Community Development (DHCD) regulations and guidelines,

Now therefore, be it enacted by the Senate and the House of Representatives in General Court assembled, and by the authority of the same as follows:

SECTION 1.Amendment to Subsidized Housing Inventory.

Notwithstanding any general or special law, state agency regulations or guidelines to the contrary, the count of Low or Moderate Income Housing units in the Subsidized Housing Inventory (SHI), as defined in Massachusetts General Laws (MGL) Chapter 40B, Sections 20-23 (Low and Moderate Income Housing) and any regulations adopted pursuant thereto, including, but not limited to 760 CMR 56 (Comprehensive Permit; Low or Moderate Income Housing) shall include for the Town of Hanover, Massachusetts any and all units in the Town which have been constructed for, or are occupied by the students of, any non-profit or educational institution, without limitation, including Cardinal Cushing Centers, Inc., and which have been constructed utilizing funds obtained through a Tax-Exempt 501(c)(3) Bond approved by the Massachusetts Development Finance Agency (MassDevelopment) as such Agency is established and defined in Massachusetts General Laws (MGL) Chapter 23G.

Notwithstanding any general or special law to the contrary, the Town of Hanover shall receive full credit on the Subsidized Housing Inventory (SHI) as one unit of Low or Moderate Income Housing for each individual unit room within each building constructed since 2000 utilizing funds obtained through a Tax-Exempt 501(c)(3) Bond approved by the Massachusetts Development Finance Agency (MassDevelopment).  For the calendar year 2010 and each calendar year thereafter the Town of Hanover shall receive full credit on the Subsidized Housing Inventory (SHI), as one unit of Low or Moderate Income Housing each, for no less than sixty-six (66) individual units, which is the number of unit rooms constructed and available for occupancy at the Cardinal Cushing School operated by Cardinal Cushing Centers, Inc., in accordance with this Section.

Any additional qualifying units of Low or Moderate Income Housing established for the Subsidized Housing Inventory (SHI) of the Town of Hanover, Massachusetts pursuant to this Act shall be in addition to any units otherwise qualifying for the purposes of Massachusetts General Laws (MGL) Chapter 40B, Sections 20-23 (Low and Moderate Income Housing) and any regulations adopted pursuant thereto, including, but not limited to 760 CMR 56 (Comprehensive Permit; Low or Moderate Income Housing)

SECTION 2.Relation to Existing Statutes and Regulations.

If any provision of this Act conflicts with any provisions of any general or special law, state agency regulations or guidelines, the provisions of this Act shall govern.

SECTION 3.Requirements for State Agencies.

It shall be the responsibility of the Department of Housing and Community Development (DHCD), as such Agency is established and defined in Massachusetts General Laws (MGL) Chapter 23B, and the Housing Appeals Committee (HAC), as such Agency is established and defined in Massachusetts General Laws (MGL) Chapter 40B, Sections 20-23 (Low and Moderate Income Housing) and 760 CMR 56 (Comprehensive Permit; Low or Moderate Income Housing) to update and maintain an accurate count of Low or Moderate Income Housing units in the Subsidized Housing Inventory (SHI) for the Town of Hanover, Massachusetts in accordance with this Act.

Further, it shall be the responsibility of the Department of Housing and Community Development (DHCD) and the Housing Appeals Committee (HAC) to incorporate the requirements of this Act when making any determinations or taking any actions under Massachusetts General Laws (MGL) Chapter 40B, Sections 20-23 (Low and Moderate Income Housing) and any regulations adopted pursuant thereto, including, but not limited to 760 CMR 56 (Comprehensive Permit; Low or Moderate Income Housing), relative to the Subsidized Housing Inventory (SHI) for the Town of Hanover, Certification of Compliance with Hanover’s Affordable Housing Plan (AHP) Production, and any appeals or requests for determination, including but not limited to whether any decision of the Town of Hanover Zoning Board of Appeals (ZBA) is “consistent with local needs.”  If the Subsidized Housing Inventory (SHI) for the Town of Hanover, as defined by Massachusetts General Laws (MGL) Chapter 40B, Sections 20-23 (Low and Moderate Income Housing) and any regulations adopted pursuant thereto, including, but not limited to 760 CMR 56 (Comprehensive Permit; Low or Moderate Income Housing) and as amended by this Act exceeds ten percent (10%), any decision of the Town of Hanover Zoning Board of Appeals (ZBA) shall be deemed “consistent with local needs” and shall be upheld by the Department of Housing and Community Development (DHCD) and the Housing Appeals Committee (HAC) accordingly.

SECTION 4.Effective Date.

This Act shall take effect upon its passage by the General Court.