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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 - Essex 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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Essex County Results
« Return to Aggregate Results

 
City/Town Ward Pct Blanks Total Votes Cast
Totals
113,759
138,028
17,685 269,472
Amesbury More »
 
2,982
2,868
384
6,234
Andover More »
 
6,590
6,838
835
14,263
Beverly More »
 
5,686
8,976
1,107
15,769
Boxford More »
 
2,211
1,818
224
4,253
Danvers More »
 
4,690
5,530
517
10,737
Essex
 
800
856
104
1,760
Georgetown More »
 
1,796
1,666
228
3,690
Gloucester More »
 
5,551
5,137
778
11,466
Groveland
 
1,667
1,248
132
3,047
Hamilton More »
 
1,480
1,857
266
3,603
Haverhill More »
 
8,827
9,828
1,125
19,780
Ipswich More »
 
3,003
3,067
313
6,383
Lawrence More »
 
3,681
7,597
1,967
13,245
Lynn More »
 
6,950
13,017
1,344
21,311
Lynnfield More »
 
2,874
2,476
302
5,652
Manchester-by-the-Sea
 
1,273
1,302
177
2,752
Marblehead More »
 
4,028
5,464
678
10,170
Merrimac
 
1,350
1,220
145
2,715
Methuen More »
 
7,255
7,129
942
15,326
Middleton More »
 
1,501
1,773
234
3,508
Nahant
 
734
1,038
142
1,914
Newbury More »
 
1,660
1,620
259
3,539
Newburyport More »
 
3,684
4,425
526
8,635
N. Andover More »
 
5,396
5,222
634
11,252
Peabody More »
 
8,102
11,093
1,240
20,435
Rockport More »
 
1,881
1,611
186
3,678
Rowley
 
1,402
1,196
125
2,723
Salem More »
 
4,687
8,118
854
13,659
Salisbury More »
 
1,563
1,453
148
3,164
Saugus More »
 
4,631
5,138
825
10,594
Swampscott More »
 
2,508
3,890
474
6,872
Topsfield
 
1,428
1,621
177
3,226
Wenham
 
745
983
139
1,867
W. Newbury
 
1,143
953
154
2,250
County Totals
113,759
138,028
17,685 269,472