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Trust debates using CPC predevelopment funds to negotiate extra affordable units; members request legal guidance

Dennis Affordable Housing Trust · October 28, 2024
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Summary

Trust members discussed exploring whether CPC predevelopment funds could be used to negotiate additional affordable units on private projects (for example, converting predevelopment support into extra affordable units). Members generally supported investigating the option but requested a formal legal opinion about RFP and procurement constraints before proceeding.

Members of the Dennis Affordable Housing Trust discussed whether Community Preservation Committee (CPC) predevelopment funds could be offered to developers as a way to secure additional affordable units beyond zoning requirements.

A member proposed using available CPC predevelopment funds (roughly $140,000 noted in discussion) to negotiate with a developer for one or more additional affordable units (moving a project from six to seven or eight affordable units, for example). Supporters said the approach could increase affordability without changing zoning outcomes; others cautioned it might conflict with procurement rules or the terms of an RFP and contract.

Trust counsel and members were asked to confirm whether the Trust has authority to enter into such negotiations or to structure a funding exchange that would be permitted by RFP and contracting rules. The group agreed a legal opinion is necessary before any formal negotiation or commitment; one member recommended not entering negotiations until that opinion is received.

Next steps: staff will seek clarification from town counsel (Greg was named as the assistant executive secretary in discussion) about whether CPC predevelopment funds may be used this way and report back; members indicated informal support for exploring the option pending counsel’s guidance.