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HOUSE DOCKET, NO. 3088 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 2741
The Commonwealth of Massachusetts
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PRESENTED BY:
Michelle L. Ciccolo
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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 authorizing a development surcharge for community housing in the town of Lexington.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Michelle L. Ciccolo15th Middlesex1/20/2023Cindy F. FriedmanFourth Middlesex1/20/2023Michael J. BarrettThird Middlesex1/27/2023 1 of 3
HOUSE DOCKET, NO. 3088 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 2741
By Representative Ciccolo of Lexington, a petition (accompanied by bill, House, No. 2741) of
Michelle L. Ciccolo, Cindy F. Friedman and Michael J. Barrett (by vote of the town) relative to
authorizing a development surcharge for community housing in the town of Lexington.
Revenue. [Local Approval Received.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act authorizing a development surcharge for community housing in the town of Lexington.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1: In order to mitigate the loss of moderate-income housing by the demand for
2buildable parcels of land, a residential linkage fee, hereafter referred to as "the community
3housing surcharge" or "the surcharge," shall be added by the Town of Lexington to all new
4single and two-family residential construction building permits issued by said town on parcels
5where an existing single- or two-family dwelling has been demolished to create a single
6buildable lot or multiple buildable lots.
7 SECTION 2: The Select Board of the Town of Lexington shall determine the amount of
8the community housing surcharge, which shall be applied on a dollars-per-square-foot basis on
9the certified total gross floor area of the structure or structures permitted by an applicable
10building permit. The surcharge shall apply only to single-family structures larger than 2,100
11square feet gross floor area and to two-family structures larger than 4,200 square feet gross floor 2 of 3
12area. The Select Board shall adjust the rate of the community housing surcharge for inflation
13annually.
14 SECTION 3: The Town Manager of the Town of Lexington or their designee shall
15prepare a study every five years to determine the suitability, effect, and amount of the surcharge,
16and recommend to the Select Board any possible changes necessary to address changing demand
17for community housing. The Town Manager or their designee shall also prepare and issue an
18annual report that identifies surcharge receipts; quantifies the attributes of community housing
19projects funded by the community housing surcharge and evaluates the impact of said housing
20projects.
21 SECTION 4: The Select Board of the Town of Lexington may adopt additional
22requirements, exemptions, and regulations to implement or enforce said community housing
23surcharge, consistent with this act.
24 SECTION 5. The building commissioner of the Town of Lexington shall not issue a
25certificate of occupancy for a building subject to this act before the community housing
26surcharge required by this act is paid; provided that an applicant for a building permit for a
27building in which said applicant intends to reside may opt to have the amount of said surcharge
28added to the property taxes due on said property in lieu of paying the surcharge in advance. If the
29applicant opts to have the surcharge added to the property taxes in such manner, the applicant
30shall not be required to pay said surcharge until the property is sold to another person; provided
31further that no interest shall accrue on the amount of the surcharge, and that the amount of the
32surcharge charge shall be abated by 20% per year from the date of the certificate of occupancy 3 of 3
33such that the amount of the surcharge will be $0 as of the date that is five years from the date the
34certificate of occupancy is issued.
35 SECTION 6: All surcharges and fines received pursuant to this act shall be deposited into
36the Town of Lexington Affordable Housing Capital Stabilization Fund or an affordable housing
37trust established by the Town pursuant to section 55C of chapter 44 of the General Laws or any
38special act.
39 SECTION 7: For the purposes of this act, "community housing" shall mean as defined
40under section 2 of chapter 44B of the General Laws.
41 SECTION 8: This act shall take effect upon its passage.