Affordable Housing Trust reveals that DHCD has not yet issued a letter of eligibility on the proposed 40R: Town could not have voted on 5/2.

At last night's "Affordable Housing Trust Meeting" the Trust revealed that that town has not yet received a "Letter of Eligibility" from the state Department of Housing and Community Development (DHCD).   This means that not only could the town not have adopted the bylaw at the Annual Town Meeting on Monday, but the Planning Board should not hold a hearing until it is received.

The Lancaster Planning Board took a lot of heat this spring, from the Select Board and notably from two candidates on Monday's ballot: Steve Kerrigan, running for Select Board against a current Planning Board member, and Kendra Dickinson who's challenging an incumbent for a Planning Board seat.  Kerrigan and Dickenson both blamed the Planning Board for delaying the town's approval of the 40R bylaw, and both are running against current Planning Board members who have advocated for the town to carefully follow the process. 

The revelation that the "Letter of Eligibility" has not been issued means that the Planning Board never was the villain.  The mask was whipped off at last night's Affordable Housing Trust Meeting: it was DHCD all along!

(No, we love the DHCD...just having some fun.)

I would never be so childish as to refer to the DHCD as a villain, or say that they're "holding the town hostage" when they're just doing their due diligence and following their process.   Who would say such a vicious thing about a public official?  (No don't list names, it's a rhetorical question.)

Without that "Letter" in hand Lancaster could not have considered the 40R bylaw at Monday's April Town Meeting.  The bylaw was submitted for a "Preliminary Determination of Eligibility" earlier this year.

"760 CMR 59" is the State Regulation covering the adoption of Smart Growth Zoning districts.   The process is clear: towns must receive their Letter of Eligibility before they adopt a Smart Growth Zoning district.In fact, the application for "Preliminary Determination of Eligibility" makes it clear that the town should not hold a Planning Board Hearing until after the "Letter of Eligibility" has been received.   The application confirms that a Select Board hearing was held (that was held in February, before the application was submitted) and notes that the Planning Board hearing "...should commence after DHCD has issued a Letter of Eligibility."

From the 40R "Application for Preliminary Determination of Eligibility"

Will the Select Board, who used a lot of public meeting time to criticize the Planning Board, now use some public meeting time to clear the matter up a bit?   We'll see...

The Planning Board hearing for the 40R bylaw is now scheduled for June 8th: presumably if the "Letter of Eligibility" has not been received by that time, it will be rescheduled.

(Russ Williston served on the Lancaster Planning Board from 2016-2022)