HomeMy Public PortalAbout2018_92_1211_Affordable Assisted LivingELECTED OFFICIALS:
Mark S. Sideris,
Council President
Vincent J. Piccirilli, Jr.,
Vice President &
District C Councilor
Caroline Bays,
Councilor At Large
Anthony Donato,
Councilor At Large
Susan G. Falkoff,
Councilor At Large
Anthony Palomba,
Councilor At Large
Angeline B. Kounelis,
District A Councilor
Lisa J. Feltner,
District B Councilor
Kenneth M. Woodland,
District D Councilor
Watertown Town Council
Administration Building
149 Main Street
Watertown, MA 02472
Phone: 617-972-6470
ORDINANCE # 92 2018 — O - 92
AN ORDINANCE AMENDING THE TOWN'S ZONING ORDINANCE
TO REQUIREMENTS FOR AFFORDABLE HOUSING
AS PART OF CERTAIN ASSISTED LIVING PROJECTS
WHEREAS, pursuant to Massachusetts General Laws Chapter 40A,
Section 5 and Article IX of the Watertown Zoning Ordinance, the Zoning
Ordinance may be amended from time to time; and
WHEREAS, on September 11, 2018 the Town Council of the City known
as the Town of Watertown conducted a First Reading of a petition of Zoning
Ordinance Amendment, and referred the Amendment to the Planning Board for
Public Hearing; and
WHEREAS, the Planning Board held a duly advertised Public Hearing on
October 10, 2018 in accordance with the requirements of M.G.L. c. 40A, Section 5
to discuss the Amendment language as recommended by Department of
Community Development & Planning ("DCDP") staff , and where public comment
was received; and
WHEREAS, the Planning Board, with five members present, the Planning
Board voted 4-0 with one abstention to recommend approval of the request to amend
the inclusionary requirements for Affordable Housing to require affordable units as
part of certain assisted living projects, create an affordable unit contribution for
Assisted Living facilities based on the number of Assisted Living units (5% for up
to 75 units and 10% for 76 or more units), allow a fee in lieu contribution for
Assisted Living units, and Exempt Dementia Care and Skilled Nursing from the
requirements of 5.07, and directed DCDP staff to submit the Planning Board's report
and recommendations to the Town Council with respect to the proposed Amendment;
and
WHEREAS, on November 27, 2018, continued to December 11, 2018, the
Town Council conducted a duly advertised Public Hearing with respect to the
proposed Amendment where the Amendment was discussed and the report and
recommendations of the Planning Board were received and considered.
NOW THEREFORE BE IT ORDAINED by the Town Council of the City
known as the Town of Watertown that Chapter XII of the Watertown Code of
Ordinances, the Zoning Ordinance, is hereby amended, with struck -through
language deleted and underlined language inserted, as follows:
SECTION 2.05 ASSISTED LIVING
Assisted Living includes several types of housing settings. Assisted Living is a housing setting
for individuals who need assistance with activities of daily living such as bathing, dressing,
grooming, eating, and transferring, and may include instrumental activities of daily living such
as housekeeping, shopping, and transportation. It also includes Independent Living which has
units that can function as stand-alone apartments. And it includes Dementia Care and/or Skilled
Nursing, which is a housing setting that involves or includes the planning, provision, and
evaluation of goal -oriented nursing care that requires specialized knowledge and skills acquired
under the established curriculum of a school of nursing approved by a Board of Registration in
nursing, and must be provided by a registered nurse, a licensed practical nurse, or a licensed
vocational nurse. In each of these types of housing settings, each resident may have their own
room or rooms which may include a bathroom, bedroom, living room and kitchen or kitchenette
and dining areas.
A housing setting for individuals who need ascistance with activities of daily living such as bathing,
dre" ing, grooming, eating, and transferring, and may include ,note imental activities of daily living such
as housekeepingshoppin transpeFtatien. Each resident may have their own room or rooms whie i
may include bathroom, bedroom, living room --and kitchen dining areas. (or as updated, M.G.L. Chapter
19D, Assisted Living)
SECTION 5.07 AFFORDABLE HOUSING REQUIREMENTS
(c) Applicability
(1) §5.07 applies to any development, whether new construction, conversion, adaptive
reuse or expansion of an existing structure, involving the creation of more than five dwelling
units, or more than five (5) Independent or Assisted Living Units, or more than five (5)
lots for residential use, Independent Living and Assisted living, outside of the
Assisted Living Overlay Zone,n §5.11. Dementia Care or Skilled Nursing shall be
exempt from §5.O7.00rmore-t n Fie (5) Iotsforre�entiall u 4ssisted liyinn outside of
tho A si furl I iyinn O erlay Zono § F. '1 4 droll be considered institutional and shall- e
empt from §5.07.
Developments may not be segmented to avoid compliance with this Section. "Segmentation"
shall mean any development, whether new construction, adaptive reuse or redevelopment,
or any division of land that would cumulatively result in an increase by five or more
residential lots or dwelling units above the number existing on a parcel of land or contiguous
parcels in common ownership twenty-four months prior to the application. Where such
segmentation occurs, it shall be subject to this Section as a covered development. A
subdivision or division of land shall mean any subdivision as defined in the Subdivision
Control Law, G.L. c.41, Sections 81 K-81 GG, or any division of land under G.L. c.41, §81 P,
into lots for residential use.
(d) Basic Requirements
(1) Projects having more than five (5) units: No Sspecial Ppermit for a development
requiring a Sspecial Ppermit and no Bbuilding Ppermit for a use permitted as of right, shall
be issued for a development subject to this section unless the Petitioner provides the
percentage of the total dwelling units in the development as affordable housing as described
herein, within §5.07(d)(4) and otherwise consistent with this Section.
(2) Nothing in this Section shall preclude a developer from providing additional
affordable units, or greater affordability, or both, than the minimum requirements. In no
instance shall any permit or Sspecial Permit approval create less than one affordable
housing unit, and for purposes of this Section, any calculation of required affordable housing
units that results in the fractional or decimal equivalent of one-half or above shall be
increased to the next highest whole number.
(3) Affordable units shall be made available to eligible low- or moderate -income
households at purchase prices or rents that comply with the Massachusetts Department of
Housing and Community Development (DHCD) Local Initiative Program regulations, 760
CMR 56.00, or any successor program as may be determined by the Special Permit
Granting Authority (SPGA) upon recommendation of the Watertown Housing Partnership
(WHP) and as indicated in §5.07(d)(4).
(4) The Rent and Ownership Affordability Requirements are as follows:
Total Project Size
Affordable Units
Rental Price
Ownership Price
1 to 5 units
0
NA
NA
6 to 19 units
12.5%
80%AMI
80% of AMI
20 and over units
15.0%
No less than 5% of the total units at 65% AMI
80% AMI
10% of total units at 80% AMI
80% AMI
(5) For Projects with Assisted and Independent Living Units Requirements are as
follows:
Unit Type
Number of Units
Percentage Affordable Units
Income Restriction
Independent Living
6-19
12.5% of the IL Units
80% AMI or less
20 or more
15% of the IL Units
Assisted Living*
10 to 75
5% of AL Units
(AL)
76 or more
10% of AL Units
Dementia and/or
NA
Exempt
NA
Skilled Nursing
*For Assisted Living units, the maximum affordable purchase price or rent shall
qualify for the SH1,
and shall include base service costs. The base service package shall be indistinguishable
between
market rate and affordable units.
(e) Methods of Providing Affordable Units
(1) A Covered Development with more than five (5) and up to ten (10) units, shall have
the option of providing an affordable unit on site or making a cash payment in lieu of units
on site. A Csovered Ddevelopment with more than ten (10) units shall provide the
affordable units on site. However, approval for cash payment in lieu of on -site affordable
units may be granted by the SPGA in certain extraordinary circumstances. The SPGA must
find that the developer has clearly demonstrated that providing such unit(s) on -site would
create significant hardship and that a cash payment in lieu of on -site unit(s) is in the best
interest of the Town's affordable housing needs.
Any request for alternative means of compliance shall be reviewed by the WHP, which shall
then make its recommendation to the SPGA.
(2) The SPGA may authorize that an alternative method of compliance be used, in
accordance with the following:
Cash Payment: The SPGA may grant a Sspecial Ppermit to provide affordable housing
through a cash payment to the Watertown Affordable Housing Fund, in lieu of providing
one or more of the affordable units required under this Section.
The cash payment for housing units, including Independent Living Units, shall be
equal to the most current Total Development Cost as articulated in the MA Department of
Housing & Community Development's Qualified Allocation Plan for Low Income Housing
Tax Credit, for the areas described as Within Metro Boston/Suburban Area, as adjusted for
the type of project and number of units. The cash payments shall also be in accordance
with a schedule of affordable housing payments as outlined in §5.07(h)(6) and guidelines
adopted and amended from time to time by the SPGA, following a public hearing, in
consultation with the WHP and the Watertown Department of Community Development
and Planning (DCDP). The cash payment for Assisted Living Units shall be not less
than $200,000 per unit.
(f)
(g)
Location and Comparability of Affordable Units
(1) Affordable units shall be proportionately distributed throughout the building(s) in a
Csovered Ddevelopment.
(4) Affordable units shall have the same floor area as the median market -rate units of the
same number of bedrooms within a margin of 20%; provided that units are not less than the
minimum square foot required by DHCD. This criterion shall not apply to Assisted Living
Units.
Affirmative Marketing and Local Preference Policy
Affordable units shall be made available for purchase or rent to eligible low- or moderate -
income households under an affirmative marketing plan that complies with federal and state
fair housing laws, and fair housing and local preference guidelines established by the
Watertown Housing Partnership. No building permit for a Csovered Ddevelopment shall be
issued unless the Department of Community Development and Planning (DCDP) has
determined that the Petitioner's affirmative marketing plan complies with this requirement. The
affirmative marketing costs for the affordable housing units shall be the responsibility of the
Petitioner.
(h) Preservation of Affordability
(5) For a Coovered Ddevelopment that provides Inclusion Units:
(A) No Bbuilding Ppermit shall be issued until an Affordable Housing Restriction has
been executed by the Petitioner and the SPGA and the Petitioner provides evidence
acceptable to the Director of DCDP that the agreement has been recorded at the
Middlesex County Registry of Deeds.
(B) Fora rental, for -sale or homeownership unit, the DCDP shall not authorize or sign
off on a Ccertificate of Ooccupancy until the Petitioner submits documentation
acceptable to the Director of DCDP that an affordable housing deed rider has been
signed by affordable unit homebuyer and recorded at the Middlesex County Registry of
Deeds.
(6) For a Csovered Ddevelopment that provides affordable housing through a cash
payment in lieu of affordable units:
(A) For a Csovered Ddevelopment having 10 units or less that provides affordable
housing through a cash payment in lieu of affordable units the following reduced
percentage (%) of the difference between fair market value and affordable housing
unit as described in §5.07(e)(2) shall apply: 10 units — 100%; 9 units- 90%; 8 units —
80%; 7 units — 70% and 6 units — 60%.
Q) Special Regulations for Inclusion Units
(1) Use Regulations: Developments with Inclusion Units shall comply with §5.01, Table of
Use Regulations; provided, however, that a Csovered Ddevelopment with not more than ten
(10) multi -family units shall be a permitted use when at least 12.5% of the units are Inclusion
Units as defined hereunder, in which case the development shall qualify for review as a Small -
Scale Inclusion Development.
(2) Small -Scale Inclusion Development Submission Requirements and Procedures: No
Bbuilding Ppermit for a Small -Scale Inclusion Development shall be issued until the SPGA has
approved a site plan in accordance with §9.03 and the provisions of this Section. The SPGA
may adopt regulations for submission requirements and procedures not inconsistent with this
Section, following a public hearing.
I hereby certify that at a Meeting of the Town Council for which a quorum was present, the above
Ordinance was adopted by a roll call vote of 9 for, Q against, present on D.eceober jtjt�01 .
41,0,k 2<L,
Marilyn
Pronovost, Council Clerk
Mark S. Sideris, Council President
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