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Summary of Question 2
This proposed law would repeal an existing state law that allows a qualified organization wishing to build government-subsidized housing that includes low- or moderate-income units to apply for a single comprehensive permit from a city or town's zoning board of appeals (ZBA), instead of separate permits from each local agency or official having jurisdiction over any aspect of the proposed housing. The repeal would take effect on January 1, 2011, but would not stop or otherwise affect any proposed housing that had already received both a comprehensive permit and a building permit for at least one unit. Under the existing law, the ZBA holds a public hearing on the application and considers the recommendations of local agencies and officials. The ZBA may grant a comprehensive permit that may include conditions or requirements concerning the height, site plan, size, shape, or building materials of the housing. Persons aggrieved by the ZBA's decision to grant a permit may appeal it to a court. If the ZBA denies the permit or grants it with conditions or requirements that make the housing uneconomic to build or to operate, the applicant may appeal to the state Housing Appeals Committee (HAC). After a hearing, if the HAC rules that the ZBA's denial of a comprehensive permit was unreasonable and not consistent with local needs, the HAC orders the ZBA to issue the permit. If the HAC rules that the ZBA's decision issuing a comprehensive permit with conditions or requirements made the housing uneconomic to build or operate and was not consistent with local needs, the HAC orders the ZBA to modify or remove any such condition or requirement so as to make the proposal no longer uneconomic. The HAC cannot order the ZBA to issue any permit that would allow the housing to fall below minimum safety standards or site plan requirements. If the HAC rules that the ZBA's action was consistent with local needs, the HAC must uphold it even if it made the housing uneconomic. The HAC's decision is subject to review in the courts. A condition or requirement makes housing "uneconomic" if it would prevent a public agency or non-profit organization from building or operating the housing except at a financial loss, or it would prevent a limited dividend organization from building or operating the housing without a reasonable return on its investment. A ZBA's decision is "consistent with local needs" if it applies requirements that are reasonable in view of the regional need for low- and moderate-income housing and the number of low-income persons in the city or town, as well as the need to protect health and safety, promote better site and building design, and preserve open space, if those requirements are applied as equally as possible to both subsidized and unsubsidized housing. Requirements are considered "consistent with local needs" if more than 10% of the city or town's housing units are low- or moderate-income units or if such units are on sites making up at least 1.5% of the total private land zoned for residential, commercial, or industrial use in the city or town. Requirements are also considered "consistent with local needs" if the application would result, in any one calendar year, in beginning construction of low- or moderate-income housing on sites making up more than 0.3% of the total private land zoned for residential, commercial, or industrial use in the city or town, or on ten acres, whichever is larger. The proposed law states that if any of its parts were declared invalid, the other parts would stay in effect.

2010 - Berkshire County - Question 2Do you approve of a law summarized below, on which no vote was taken by the Senate or the House of Representatives before May 4, 2010?

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Berkshire County Results
« Return to Aggregate Results

 
City/Town Ward Pct Blanks Total Votes Cast
Totals
11,437
28,418
3,207 43,062
Adams More »
 
618
1,623
111
2,352
Alford
 
67
142
17
226
Becket
 
212
364
34
610
Cheshire
 
365
706
61
1,132
Clarksburg
 
132
393
24
549
Dalton More »
 
695
1,485
163
2,343
Egremont
 
195
370
42
607
Florida
 
94
138
21
253
Great Barrington More »
 
608
1,723
213
2,544
Hancock
 
85
182
18
285
Hinsdale
 
220
433
61
714
Lanesborough
 
293
692
67
1,052
Lee More »
 
537
1,276
170
1,983
Lenox
 
561
1,459
247
2,267
Monterey
 
113
262
25
400
Mount Washington
 
29
45
7
81
New Ashford
 
33
73
6
112
New Marlborough
 
196
374
21
591
N. Adams More »
 
763
2,531
234
3,528
Otis
 
189
351
43
583
Peru
 
83
187
27
297
Pittsfield More »
 
3,474
8,425
987
12,886
Richmond
 
203
480
64
747
Sandisfield
 
110
178
34
322
Savoy
 
86
135
9
230
Sheffield
 
316
840
75
1,231
Stockbridge
 
196
589
119
904
Tyringham
 
89
108
20
217
Washington
 
78
172
19
269
W. Stockbridge
 
171
395
75
641
Williamstown More »
 
518
2,048
162
2,728
Windsor
 
108
239
31
378
County Totals
11,437
28,418
3,207 43,062