By Christine Rasmussen
I appreciate the opportunity to revisit the Seasonal Communities designation of the Affordable Homes Act. After decades, introducing and reporting on legislation, I know how complicated it can be. I will briefly explain (and clarify) some of the issues people have asked me about.
- Acquiring and developing housing units with a preference for municipal employees and teachers could be a valuable perk that Stockbridge presently can’t use because Chapter 40 B requires that less than 10 percent of the housing must be affordable to qualify.
- Establishing a Year-Round Housing Trust Fund for “missing middle” housing, individually or with other seasonal communities, is supported
- Acquiring and developing year-round housing for individuals who produce or support artistic and literary activities.
- Increasing the property tax exemption for certain homeowners’ primary residences from 35% to 50%.
Seasonal Communities are required to create year-round housing by:
- Adopting bylaws to allow undersized lots that adhere to regulations for year-round housing or minimum six-month rentals.
- Adopting bylaws for tiny homes, which are detached structures containing dwelling units of 400 square feet or less in floor area, excluding lofts. Tiny houses must meet state and local building code requirements, and all movable tiny houses must be registered with the Registry of Motor Vehicles.
- Adopting bylaws for tiny homes, which are detached structures containing dwelling units of 400 square feet or less in floor area, excluding lofts. Tiny houses must meet state and local building code requirements, and all movable tiny houses must be registered with the Registry of Motor Vehicles.
Final Comments:
Towns may apply to the Executive Office of Housing and Livable Communities for a waiver from any requirements. The legislation also allows towns to create housing trusts to raise money and build housing meant for middle-income earners, commonly called the “missing middle. “
Editor’s note:
1. Preferential housing is illegal. You cannot exclude or include people by type. In Stockbridge, there is a 3000 person waiting list for Heaton Court because anyone can apply even if they live out of state. Chapter 40B allows preferential housing based on income BUT there are conditions. 40B is only applicable when a municipality has less than the required 10 percent affordable housing. Stockbridge has met the 10% requirement and even exceeded it by a fraction. We cannot use 40B.
2. The Massachusetts Senate set aside part of the $5.16Billion allocated in the Affordable Homes Act for municipalities designated Seasonal Communities. It was removed before the Affordable Homes Act passed. Regulatory process may restore some or all of it or may not.
3. Only 25 towns (of 351) meet the criteria to be designated Seasonal Communities. If a municipality meets the criteria Town Meeting can vote to accept the designation.
4. Any Municipality can apply for a waiver of any requirement or withdraw from the designation otherwise each must change its local bylaws to comply with the law – the Affordable Homes Act which is now law. If there is more information, with Christine’s help, SU will bring it to you.
