Chapter 300, Zoning, § 300-108B, authorizes the Planning Board to grant a special permit for a proposed alternative to inclusion units. However, the Planning Board is not required to issue a special permit and reserves the right to deny one in order to implement the intent of the Inclusionary Housing Ordinance as stated in § 300-102. The following is a list of the possible alternatives to providing inclusion (on site) units and their respective requirements.
A.
Applicants may apply for a special permit to provide equivalent affordable units in another location in Beverly, following the requirements in § 315-5 of these regulations. The procedures for determining the adequacy and acceptability of off-site units may require considerable time and expense for the applicant. However, in the absence of inclusion units, the City prefers off-site units because the goal of the Inclusionary Housing Ordinance is to create affordable housing. This option is available to interested applicants and the Planning Board will consider a special permit if all of the requirements listed in this section are met.
B.
On or before the date of application for a special permit, the applicant
must have site control of either (a) land that will be used to build
off-site units or (b) existing housing units that will be proposed
as off-site units. In the case of land that will be used to build
new off-site units, the special permit application must be accompanied
by evidence satisfactory to the Planning Board that the land is developable
for the required number of affordable units under existing zoning
and subdivision regulations without variances, waivers or needed approvals
of any kind, including from other bodies having regulatory authority
over the development or any portion thereof (such as the Conservation
Commission and Board of Health), unless such variances, waivers or
approvals have already been obtained from such other authority. Satisfactory
evidence will include, at minimum, a site analysis prepared by a registered
professional engineer, an appraisal report prepared by a Massachusetts-certified
appraiser and dated within one year of the application, and documentation
of any variances or waivers received.
C.
If the applicant's off-site unit proposal involves existing housing
units, the special permit application must demonstrate to the Planning
Board's satisfaction that all of the following conditions have been
or will be met:
(1)
Evidence that the applicant will own the proposed location of the
off-site units prior to the issuance of any building permits for market-rate
units in the development.
(2)
The housing unit(s) has (have) no violations of the State Building Code or Article II of the State Sanitary Code.
(3)
The housing unit(s) has (have) no lead paint hazards, as evidenced
by a lead paint inspection or certificate of compliance with the MA
Lead Paint Law (indicating that lead paint hazards have been abated
in accordance with Department of Public Health requirements).
(4)
The housing unit(s) is (are) vacant or are occupied by the seller or a qualified tenant pursuant to Chapter 300, § 300-104A, and no existing low- or moderate-income residential tenants will be displaced as a result of acquiring the unit(s) to satisfy the requirements of § 300-108B(1).
D.
Approved off-site units must also comply with the same project schedule, affordability provisions and marketing plan requirements that apply to inclusion units (§§ 315-9, 315-11 and 315-12). The applicant may sell an approved off-site unit(s) to the Beverly Housing Authority or another nonprofit development organization that will be responsible for renting the unit(s) or marketing the unit(s) to eligible first-time homebuyers or that will retain ownership of the unit(s) and manage it as affordable rental housing.
[Amended 7-18-2017]
A.
Applicants may apply for a special permit to pay a fee in lieu of
creating affordable units. This provision applies to homeownership
developments only. For each affordable unit provided through a fee
in lieu of units, the cash payment shall be equal to 35% of the median
of single-family home or condominium sale prices in the Beverly neighborhood
in which the applicant is developing its units, for the three fiscal
years immediately prior to the current fiscal year in which the application
is made. The City of Beverly's Assessors' Office shall define
the neighborhoods, as per its Neighborhood Codes, and determine which
sales fall into its defined neighborhoods. The Planning Board shall
update the fee schedule annually without a public hearing, shortly
after the close of each fiscal year. See Appendix E for the current
fee schedule.[1]
[1]
Editor's Note: Appendix E is included as an attachment to this chapter.
B.
If there were no sales during any of the three fiscal years in the
subject Neighborhood Code, the applicant shall rely on a comparable
Neighborhood Code that had sales in each of the three fiscal years,
as determined by the City of Beverly's Assessors' Office.
C.
Chapter 300, § 300-108B(2), requires that fees in lieu of units shall be paid to the City's Affordable Housing Trust Fund. (Note: The Beverly Affordable Housing Trust Fund was established as Chapter 33, Article I on February 6, 2017.) Fee-in-lieu-of-unit payments shall be made in accordance with § 300-114D.
A.
Applicants may apply for a special permit to provide affordable housing
through a donation of buildable land. The applicant may propose to
donate buildable land to the Beverly Housing Authority or a comparable
entity approved by the Planning Board.
B.
The Planning Board reserves the right to approve or deny a land donation
based on the following criteria:
(1)
The site's location; e.g., whether the location is at least as appropriate
for new housing as the site the applicant plans to develop without
inclusion units;
(2)
The site's development potential under existing zoning and other
development requirements and regulations;
(3)
The probability of affordable units being constructed on the land
within a reasonable period of time, to be determined by evidence that
the nonprofit organization and/or Housing Authority is willing to
accept the land and commits to the production of units; and
(4)
The experience of the proposed nonprofit organization as a developer
and/or manager of affordable housing.
C.
The applicant who proposes a land donation shall submit a site analysis,
prepared by a registered professional engineer, which demonstrates
to the Planning Board's satisfaction that the land is developable
for the required number of affordable units under existing zoning
and subdivision regulations without variances, waivers or needed approvals
of any kind, including from other bodies having regulatory authority
over the development or any portion thereof (such as the Conservation
Commission and Board of Health), unless such variances, waivers or
approvals have already been obtained from such other authority. An
appraisal report prepared by a Massachusetts-certified appraiser and
dated within six months of the application must also be submitted.
Donated land shall be subject to a restriction assuring its perpetual
use for mixed-income or affordable housing.
