HomeMy WebLinkAbout2009-10-16 Economic Development Committee MinutesCommonwealth of Massachusetts RECEIVED
T2NG, CLERK
DEPARTMENT Or HOUSI Mll"~ss.
COMMUNITY DEVELOPN
Deva) L. Patrick, Governor ♦ Timothy P. Mun-a , U. Governor ♦ Tina 13 l c ct A 1 ,
i
October 16, 2009
Peter 1. Hechenbleikner
Town Manager
Town Hall
16 Lowell Street
Reading, MA 01867
Re: Downtown Smart Growth District Preliminary Determination of Eligibility
Dear Mr. Hechenbleikner:
I am writing regarding the application for a preliminary determination of eligibility pursuant to MGL,
Chapter 40R and 760 CMR 59.00 that was submitted by the Town of Reading (Town) to the Department
of Housing and Community Development (DHCD) for the proposed Downtown Smart Growth District
(District). I am pleased to inform you our review has determined that the proposed District satisfies the
referenced statutory and regulatory requirements.
The Smart Growth Residential Density Plan submitted with the application calculates that 256 Incentive
Units are allowed to be developed pursuant to the proposed Smart Growth Zoning. Upon issuance of a
Letter of Approval from DHCD, the Town will be entitled to a $350,000 Zoning Incentive Payment.
Pursuant to 760 CMR 59.05, DHCD issues this Letter of I11igibility with the following conditions:
I. The Town adopts the Smart Growth Zoning for the District as proposed in the document titled
Downtown Smart Growth District as approved by DHCD on October 9, 2009, a copy of which is
enclosed with this letter. Adoption of the Smart Growth Zoning must occur before October 16, 2012.
After adoption of the Smart Growth Zoning, the Town must submit proof of such adoption to DHCD.
Proof of adoption requires the submission of the following information:
a) a copy of the Smart Growth Zoning adopted by Town Meeting; certified by the Town Clerk;
b) a copy ofthe Zoning Map adopted by Town Meeting certified by the `I°own Clerk;
c) a copy of the Attorney General's letter approving the Smart Growth Zoning; .
d) if there were any amendments between the Smart Growth Zoning approved by DHCD in its
preliminary determination of eligibility letter and the Smart Growth Zoning adopted by town meeting, an
annotated version of the Smart Growth Zoning must be submitted clearly indicating all changes
including, where applicable, deletions made by the Attorney General; and,
100 Cambridge Street, Suite 300 vvNvw.mass.gov/dhcd
Boston, Massachusetts 02114 ' 617.573.1100
e) a certification by the Town. Clerk that the Smart Growth Zoning has been published and posted
pursuant to MGT,, Chapter 40, Section 32.
2. If there are changes to the Smart Growth Zoning, I. HCD may treat such submission as an amendment
to the application and will notify the Town of its decision to do so in writing. DIICD must confirm its
final approval within 60 days of receipt of such submission provided the amended application satisfies all
the approval criteria set forth in 760 CMR 59.04(1).
3. "T"here is no local rule, regulation or bylaw that would prevent the 256 Future Zoned Units from being
developed in the District. There is no agreement that regulates the development of the Future Zoned Units
or requires a Project to have either Rental Units or Homeownership Units.
4. DHCD approves the "Downtown Smart Growth District Design Standards and Guidelines dated
October 2, 2009 with the approval of DIICD dated October 31, 2009, a copy of which is enclosed with
this letter. Such design standards must be filed with the Town Clerk.
5. If a building permit has not been issued for a Bonus Unit in the District within three years of the date of
the Zoning Incentive Payment, or if a building permit was issued within such three-year period, but no
certificate of occupancy for such Bonus Unit was issued within two years thereafter, the Town must
submit satisfactory evidence, in the form of certification by the Plan Approval Authority, zoning
enforcement officer or public works official, of the start of construction within that time period of one or
more Projects as defined by 760 CMR 59.02, or be subject to revocation under 760 CMR 59.07(3) and
the repayment of monies under 760 CMR 59.06(3). The start of construction requires evidence
satisfactory to DHCD that construction activity has occurred in good faith on the Project, such as the
pouring of foundations or footings, or utility relocation, or the remediation of hazardous materials on the
site, and provided that such construction is continued through to completion. The three-year time period.
is extended by the time that a Project on which construction would otherwise have started within the
three-year time period is subject to legal or administrative appeal or challenge, or if the proponent is
actively pursuing other required permits or there is other good cause for the failure to start construction.
If you have any questions or need further assistance, please do not hesitate to contact Don Schmidt at
(617) 573-1363 or d.onald.schmidt@state.ma.us.
Sincerely,
"T"ina Brooks
Undersecretary
cc: Abby McCabe, Staff Planner