Amendment #395 to H5562

Entity Separation and Ensuring Local Property Taxation

Mr. Soter of Bellingham moves to amend the bill in Section 42, in the proposed Section 3D of chapter 40A, by striking out in paragraph (1) of the proposed subsection (b), the words “prohibit, unreasonably restrict or require a special permit or other discretionary zoning approval” and inserting in place thereof the following words: - “unreasonably prohibit”

And further amends the bill in Section 42, in the proposed Section 3D of chapter 40A, by striking out in paragraph (1) of the proposed subsection (c), the words “shall be allowed as of right” and inserting in place thereof the following words: - “may be allowed by special permit”

And further amends the bill in Section 42, by adding at the end of the proposed Section 3D of chapter 40A the following subsection: -

“(i) Any housing development developed under this section shall be owned and operated by a separate legal entity from the religious sect or denomination. The residential structures and the land area allocated to such housing shall be subject to local property taxation pursuant to section 5 of chapter 59 of the general laws and shall not be eligible for any tax exemption based on the religious status of the sect or denomination; provided, however, that nothing in this section shall be construed to limit or otherwise remove the authority of a city or town to grant a property tax exemption for such property pursuant to section 5O of chapter 59 of the general laws.

Additional co-sponsor(s) added to Amendment #395 to H5562

Entity Separation and Ensuring Local Property Taxation