« Go Back   « Go Back
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 - Bristol 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?

View as: # | %

Bristol County Results
« Return to Aggregate Results

 
City/Town Ward Pct Blanks Total Votes Cast
Totals
71,661
89,008
14,334 175,003
Acushnet More »
 
1,546
2,198
328
4,072
Attleboro More »
 
5,094
7,086
1,088
13,268
Berkley
 
1,242
1,071
144
2,457
Dartmouth More »
 
4,632
6,649
838
12,119
Dighton
 
1,405
1,225
140
2,770
Easton More »
 
5,296
3,343
437
9,076
Fairhaven More »
 
2,249
3,522
597
6,368
Fall River More »
 
7,683
10,169
2,806
20,658
Freetown More »
 
1,561
1,848
159
3,568
Mansfield More »
 
4,178
4,115
638
8,931
New Bedford More »
 
7,430
13,292
1,890
22,612
N. Attleborough More »
 
4,356
5,137
564
10,057
Norton More »
 
3,361
3,089
318
6,768
Raynham More »
 
2,543
2,516
433
5,492
Rehoboth More »
 
2,074
2,160
289
4,523
Seekonk More »
 
2,196
2,714
367
5,277
Somerset More »
 
2,826
3,940
714
7,480
Swansea More »
 
2,282
3,185
461
5,928
Taunton More »
 
7,025
8,425
1,494
16,944
Westport More »
 
2,682
3,324
629
6,635
County Totals
71,661
89,008
14,334 175,003