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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 - Plymouth 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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Plymouth County Results
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City/Town Ward Pct Blanks Total Votes Cast
Totals
93,567
88,886
11,599 194,052
Abington More »
 
3,080
2,958
297
6,335
Bridgewater More »
 
4,536
4,126
506
9,168
Brockton More »
 
8,336
12,128
2,049
22,513
Carver More »
 
2,066
2,258
272
4,596
Duxbury More »
 
3,862
3,327
479
7,668
E. Bridgewater More »
 
2,482
2,576
334
5,392
Halifax More »
 
1,609
1,381
175
3,165
Hanover More »
 
3,482
2,756
372
6,610
Hanson More »
 
2,115
2,056
218
4,389
Hingham More »
 
5,067
5,459
794
11,320
Hull More »
 
1,847
2,504
349
4,700
Kingston More »
 
2,682
2,511
281
5,474
Lakeville More »
 
2,299
2,110
231
4,640
Marion
 
1,487
878
140
2,505
Marshfield More »
 
6,883
4,381
462
11,726
Mattapoisett More »
 
1,420
1,646
204
3,270
Middleborough More »
 
4,574
3,722
714
9,010
Norwell More »
 
3,372
1,637
226
5,235
Pembroke More »
 
3,879
3,304
335
7,518
Plymouth More »
 
9,927
11,351
1,114
22,392
Plympton
 
738
615
60
1,413
Rochester
 
1,246
1,065
150
2,461
Rockland More »
 
3,076
3,315
301
6,692
Scituate More »
 
5,453
3,253
466
9,172
Wareham More »
 
3,739
3,760
575
8,074
W. Bridgewater More »
 
1,473
1,376
208
3,057
Whitman More »
 
2,837
2,433
287
5,557
County Totals
93,567
88,886
11,599 194,052