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Planner proposes rewrite of Section 4.9 to expand locally affordable housing options
Summary
Town planner Paul Foley proposed reorganizing zoning bylaw Section 4.9 and adding performance and design standards, plus an alternative that keeps the 25% state SHI requirement while allowing an additional 50% of units to be designated "locally affordable" without the state's tenant lottery to reduce developer cost.
Paul Foley, the town planner, on Jan. 27 presented a reorganization and substantive revisions to zoning bylaw Section 4.9 aimed at making Dennis's affordable housing rules clearer and easier to use.
Foley told the Select Board the draft separates different ways of producing affordable housing into distinct subsections (conversion, hotel/motel conversion, large developments, affordable lots, and accessory apartments) and proposes adding design and performance standards that are now missing from the code. He said the changes would focus new affordable apartments near commercial districts, transit and sewer service.
Foley also outlined a substantive alternative that would keep the state-required 25% of units counted on the Subsidized Housing Inventory (SHI) but add a locally controlled tier: a further 50% of units would be "locally affordable," counted and managed by the town to avoid the state's costly tenant-selection lottery. "We need to fix that," Foley said of the lottery process, noting developers complain the state selection requirements can add roughly $25,000 per unit in cost.
Bob Samalak, speaking for himself though representing the Affordable Housing Trust's review, cautioned the board against making the bylaw so complicated or costly that small developers cannot make projects work. "While Paul's cleaned up a messy document, I'm very concerned that if we make it too difficult, the numbers won't work and we're not going to get them," Samalak said. He urged flexibility and engagement with small developers in drafting final language.
Board members asked Foley to return in late February with tracked draft language and mapping so the Select Board and Planning Board can review proposed districts, design standards and enforcement tools before placing an article on the warrant. Foley said some units approved historically did not appear on the SHI and that adding those could raise the town's SHI percentage substantially if they are documented.
The board took no formal vote on the bylaw text at the Jan. 27 meeting; Foley said the target is to have a public hearing at the Planning Board on March 2 and, if needed, continue March 16 and still make the May annual town meeting timetable.
Next steps: Foley will return with specific tracked changes, maps and proposed wording for consideration at a later Select Board meeting and Planning Board public hearing.
