SENATE DOCKET, NO. 890        FILED ON: 1/20/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1039

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Thomas P. Kennedy

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act ammending the subsidized housing inventoy for the town of Hanover.

_______________

PETITION OF:

SENATE DOCKET, NO. 890        FILED ON: 1/20/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1039

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 2539 OF 2009-2010.]

The Commonwealth of Massachusetts

_______________

In the Year Two Thousand Eleven

_______________

An Act ammending the subsidized housing inventoy for the town of Hanover.

Be it enacted by the Senate and 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.