Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H2729 Compare Versions

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22 HOUSE DOCKET, NO. 3749 FILED ON: 1/20/2023
33 HOUSE . . . . . . . . . . . . . . . No. 2729
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Simon Cataldo and Carmine Lawrence Gentile
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act establishing a building permit fee surcharge for affordable housing in the town of
1313 Concord.
1414 _______________
1515 PETITION OF:
1616 NAME:DISTRICT/ADDRESS :DATE ADDED:Simon Cataldo14th Middlesex1/20/2023Carmine Lawrence Gentile13th Middlesex1/20/2023Michael J. BarrettThird Middlesex1/27/2023 1 of 2
1717 HOUSE DOCKET, NO. 3749 FILED ON: 1/20/2023
1818 HOUSE . . . . . . . . . . . . . . . No. 2729
1919 By Representatives Cataldo of Concord and Gentile of Sudbury, a petition (accompanied by bill,
2020 House, No. 2729) of Simon Cataldo, Carmine Lawrence Gentile and Michael J. Barrett (by vote
2121 of the town) that town of Concord be authorized to establish a building permit fee surcharge for
2222 affordable housing in said town. Revenue. [Local Approval Received.]
2323 The Commonwealth of Massachusetts
2424 _______________
2525 In the One Hundred and Ninety-Third General Court
2626 (2023-2024)
2727 _______________
2828 An Act establishing a building permit fee surcharge for affordable housing in the town of
2929 Concord.
3030 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3131 of the same, as follows:
3232 1 SECTION 1. The Town of Concord, hereafter referred to as “the Town,” may, by bylaw,
3333 2require the payment of an affordable housing surcharge for any construction that (i) requires a
3434 3building permit and (ii) exceeds a minimum construction value to be determined by the Select
3535 4Board of the Town. The bylaw shall specify the amount of said affordable housing surcharge, the
3636 5method by which the surcharge may be increased from time to time, and any types of
3737 6construction or uses to which the affordable housing surcharge shall not apply.
3838 7 SECTION 2. All fees received pursuant to this act shall be deposited into the Concord
3939 8Municipal Affordable Housing Trust Fund established pursuant to section 55C of Chapter 44 of
4040 9the General laws and used for any purposes permitted thereunder.
4141 10 SECTION 3. For the purposes of this act, “affordable housing” shall mean housing with
4242 11an affordable housing restriction recorded with the Middlesex South Registrar of Deeds that 2 of 2
4343 12requires the housing to be rented or owned by families and individuals whose income at initial
4444 13occupancy is no more than 150 per cent of the area mean income as determined by the Federal
4545 14Department of Housing and Urban Development guidelines and adjusted for family size and that
4646 15thereafter such units shall be rented or sold, subject to such restrictions on appreciation as
4747 16determined by the municipality to be reasonable and necessary to maintain long term
4848 17affordability, to families or individuals at incomes of no more than 150 per cent of the area mean
4949 18income.
5050 19 SECTION 4. Acceptance of this act by the Town of Concord shall be by vote of
5151 20approval at an annual or special Town Meeting. Sections 1 to 3, inclusive shall take effect 30
5252 21days after such acceptance by the Town.