HOUSE DOCKET, NO. 3875        FILED ON: 9/18/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3683

The Commonwealth of Massachusetts

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PRESENTED BY:

F. Jay Barrows and Steven S. Howitt

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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 relative to affordable housing in the town of Norton.

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PETITION OF:

HOUSE DOCKET, NO. 3875        FILED ON: 9/18/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3683

The Commonwealth of Massachusetts

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In the Year Two Thousand Thirteen

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An Act relative to affordable housing in the town of Norton.

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.  Notwithstanding the provisions of sections 20 through 23 of chapter 40B of the General Laws, or of any other general or special law or state regulation to the contrary, the determination of whether the town of Norton has low or moderate income housing in excess of 10 per cent of the total housing units reported in the latest federal decennial census for the town of Norton for purposes of section 20 of said chapter 40B, which determination is reflected in a list known as the subsidized housing inventory (“SHI”) as maintained by the department of housing and community development or by a successor department regardless of its name, shall be calculated as follows: 

As of the date an approval decision is filed with the town clerk and through and including the expiration date of the decision as provided by applicable statute or regulation and any extension of such decision granted by action of the town or the general court, the SHI shall include all of the following:

(1)  Any affordable housing unit approved under any local zoning provision pursuant to chapter 40A, including a local initiative program project, provided that the affordable unit shall be required to have a permanent deed  restriction to restrict occupancy or ownership of the unit to an income eligible household as presently defined by the department;

(2)  Any affordable housing unit in a homeownership project approved under chapters 40B or 40R; and

(3)  Any rental housing unit in a rental project approved under said chapters 40B or 40R.

Provided further that if any such approval decision is appealed, the unit or units at issue shall continue to be listed on the SHI unless and until the approval decision is finally overturned by a court of competent jurisdiction. 

SECTION 2.  This act shall be applicable to all low or moderate income housing approved pursuant to chapter 40B and no comprehensive permit as originally issued or as later modified shall be in existence or extended for more than 10 years from the date the original permit was filed with the town clerk’s office or the date upon which the permit took final effect upon termination of litigation affirming the original permit, whichever date occurs later in time.

SECTION 3.  This act shall take effect upon passage.