Questions to ask about the proposed 40R District: answers you can look for at the hearing tonight

Tonight, Wednesday June 8th, at 7PM the Planning Board will host the "zoning bylaw public hearing" for the 40R District bylaw that the Affordable Housing Trust is proposing.  

Criticism that the Planning Board was somehow delaying consideration of this bylaw proved inaccurate, as DHCD did  require edits to the bylaw submitted for determination of eligibility -- the housing trust adopted amendments as recently as 6/2, and the town received DHCD's "eligibility" letter on Monday.  Ultimately DHCD declined to fully certify the town's proposed district: it received only a conditional letter of eligibility, and the town will not receive incentive payments for adopting the district.  (If subsequent projects in the district do achieve the criteria, the town could be eligible for some prorated payments.)

Here's a few notes on what you can expect at the "zoning bylaw public hearing" tonight and questions you might seek answers on.

• How can I attend the hearing?
  
  The meeting will open at 7PM on Wednesday, June 8th -- it's a Zoom meeting. 
  
  Here's a link to the Planning Board meeting agenda, including the Zoom link.
  
  
• What will be reviewed at the meeting?  
  
  Below are the bylaws amendments and map that the Selectboard received and submitted to the Planning Board for a hearing:
  
  A new zoning bylaw chapter to establish a "North Lancaster Smart Growth Overlay District."
  
  A map of the overlay district.
  
  Small amendments to Section 220-04 and 220-5, to add references to the map and district.
  
  Planning Board will open the hearing, take and make comments and information on what they received, and close the hearing and ultimately produce a report for the town.

• Does Lancaster need this district?
  
  Including anticipated affordable units at the approved 40B Goodrich Brook and the Jones Crossing project on Deershorn Road, the town already has enough affordable housing in production to meet the state's 10% + threshold.  Both projects are active and have recently submitted new material.    The town does not need this 40R district to meet this goal.
  
  
  All of the business uses shown in the 40R materials are already permitted at this location by the base zoning.   The base zoning is "Enterprise District", which allows all the business uses.
  
  The town is not eligible for an up-front incentive payment for establishing this district, as the area doesn't presently meet the requirements of the program.
  
  The message has been confusing, but it's not a choice between this district and a 40B development.  The Capital Group only entertained this 40R district to win the support of the Affordable Housing Trust for its seperate Enterprise Zone amendment.   The Capital Group does not need this district to meet any of its requirements, and can proceed with a 40B project regardless of any outcome.
  
  
• Why are applications for this 40R district handled by a special "approval committee?
  
  The bylaw establishes a special "approval committee" including members of the Affordable Housing Trust, Planning Board, Zoning Board of Appeals, Conservation Commission and Economic Development Committee.   
  
  The Affordable Housing Trust could only identify one other community that uses a hybrid committee of this nature.
  
  In every other community where the Planning Board is responsible for site plan review, 40R district applications are received by the towns Planning Board.
  
  Normally, Stormwater Permits and Site Plans are reviewed at the same time in Lancaster.  As the Planning Board is statutorily required to handle Stormwater Permits, using this "approval committee" creates an unnecessary technical hurdle that will greatly prolong the approval process.
  
  
• Does adopting this district pose risks to the town?
  
  This district would hand the Capital Group, who has already been threatening the town with a 200-unit 40B project, the ability to build 388 housing units by-right.
  
  As a 40R district, the town would need DHCD approval to amend this district or its uses in the future.
  
  As a 40R district, if the town declines an application in this district, the decision would be reviewed by DHCD and can be overturned.
  
  The right to build 388 high-density housing units in this district would persist even after the town reaches the 10% + affordability threshold that would let it turn away 40B projects.
  
  
• Why this district, rather than the alternatives?
  
  The landowners could alternatively use the entirety of the area that would be covered by the 40R overlay for business uses.   The business uses that the 40R district would allow are already allowed by the underlying zoning.  This would provide the maximum tax revenue benefit to the town.
  
  The landowners could apply for a IPOD special permit, which would let the town approve a specific development plan.  The IPOD special permit requires less housing square footage as part of a mixed-use plan than the 40R district. 
  
  If the town truly desires affordable housing at this location, the town could sponsor a local-initiative 40B project at the site.   This would allow the town to sponsor a specific project without the risk of allowing 388 housing units by-right...and hoping that the developer submits a project that the town likes.