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HomeMy WebLinkAboutMaster Plan Council 03/12/1987TOWN OF MANSFIELD ,! MASTER PLAN ADVISORY COUNCIL sif; MINUTES OF MEETING Date of meeting: March 12, 1987 j1 p 19 1987 Members Present: Kelli Spedden Doug Annino Ed Broderick Stephen Calvin Steven Chapman Joanne Colella Bill Madan Carl Nelson Stuart Sweet Allen Willis The meeting was called to order at 7:35 p.m.. The minutes of the March 5 meeting, having been mailed to all members for their review prior to this meeting, were not read. After some discussion it was agreed that they be amended to include certain items which were discussed at the March 5 meeting, but not included in the minutes. These items included: the Council's discussion of possibly having fewer zoning districts rather than more, the reluctance of town meeting voters to fund purchases that may be funded by a transfer tax, due to the lack of money in the town budget by the time those items are voted on, and the correction to read Nantucket rather than Martha's Vineyard being a county within itself. Mr. Nelson made a motion that the minutes be approved as amended, Mr. Sweet seconded the motion, and it passed by unanimous vote, with Mr. Calvin abstaining due to his absence at the March 5 meeting. Presentation by Mr. Kel Environmental Lobby of Mccl sach :k, Executive Director of the s Mr. McClintock presented the Council with the reasons for the Environmental Lobby's support of transfer taxes. He first stated that whether for land acquisition or housing, money for capital projects is only a part of the process, and he complimented the town on already studying zoning, sub -division codes, etc.. Mr. McClintock outlined the options a town has to finance land purchases, which include: 1. PRIVATE APPROACHES - dependent on voluntary donations of at least some of the property; no town has been able to protect the land it wants to protect depending on private land trusts or private donations alone. 2. TOWN'S GENERAL BUDGET - many towns in the 1970's used this approach effectively, but none have been able to do this since Proposition 2 1/2. 3. LOCAL BOND ISSUE - some towns have had success in land acquisition through a Proposition 2 1/2 override, but this is generally seen as regressive and unpopular, and only covers capital costs not any other costs such as appraisals, planning, legal, operating, and maintainance fees. 4. STATE AID - Many current state programs are now bankrupt, and no money is available for new allocations. Although the Governor has introduced a new funding package, there are currently more applications than this could fund. 5. LOCAL OPTION TAXES - Currently two under present law: hotel/motel excise, and jet fuel, which don't yield a major amount of money. A transfer tax is the most popular option that towns are trying to access through special statute. TOWN OF MANSFIELD 2 MASTER PLAN ADVISORY COUNCIL MINUTES OF MEETING - 3/12/87 Presentation by Mr. Kelly McClintock (cont) In addressing the power of the transfer tax, Mr. McClintock stated that in 1986 Mansfield had approximately 100 million dollars in real estate transfers; hypothetically if there had been a 2% transfer tax, two million dollars in revenue would have been raised. With this type of revenue source a town can obtain bonds in the amount of ten million dollars (quoting a letter he had received from Shearson Lehman Brothers). Through this taxpayers can be insulated from risk. Some other points made by Mr. McClintock: - This revenue recurs annually; it can be used to cover operational costs - One uniform aspect of all legislation in the State House regarding this - what to do with the money in land acquisition or housing is totally a local option. - Last year 18 towns voted for real estate transfer taxes; there are about 50 presenting this in town meeting or to City Council's this spring. - Real estate transfer tax is the last major potential revenue stream available in Massachusetts; will the state give this revenue up to cities and towns? Some major objections and Mr. McClintock's answers to them: - INFLATION - affordable housing problem, this tax will raise the price of housing. Answer: The average turnover of homes (according to Home Builders Association) is about five years - with 2% transfer tax, that would make annual average increase .4 of 1%, minute compared to other pressures on housing. - BUYING LAND, TAKING IT OFF THE DEVELOPMENT ROLLS, AND THEREBY IMPEDING THE CREATION OF NEW HOUSING. Answer: That's the purpose, to protect land from development. - EQUITY - a small group of people would be financing a program for the benefit of everyone. Answer: Each year only a small number of people would pay, but ultimately everyone would be in system, making it broad based. - CONTROL - can towns manage this, rather than having state control? Answer: Yes, this is one of strongest arguments in favor, we have extremely strong systems of local governments. - TAX CAP - as adopted by Referendum last Fall, the State Tax Cap has a provision which deducts the proceeds of any new local option tax from state revenues. One solution offered by Representative Flood, Canton, House Chairman of the Taxation Committee, is to deduct this from local aid. Answer: This is not necessary, an exemption from the tax cap for land bank proposals could be provided. Questions and discussion WHAT PROVISION TO COLLECT THROUGH THE REGISTRY OF DEEDS? The principal difficulty would be with notice; that a conveyancing lawyer has to know what town has a land bank fund, what exemptions, etc. All bills have careful provisions for notice, for ensuring the inforcibility of the legislation. TOWN OF MANSFIELD MASTER PLAN ADVISORY COUNCIL MINUTES OF MEETING - 3/12/87 Questions and discussion (cont) - WHAT ARE CHANCES OF PASSAGE OF THESE BILLS? There is resistance from legislative leadership, but local support is so overwhelming, and alliances between housing advocates and open space advocates are very powerful. Also, on March 27, the Governor has a press conference scheduled announcing a specific land bank proposal that the Administration supports. This support combined gives a good chance for passage this year. - WHY NOT PAY FOR PROGRAMS THROUGH PROPERTY TAXES, SINCE THIS IS A TAX ON PROPERTY ANYWAY? If a town wants to pay through a property tax program, that's what the town should do. Property tax is annual regardless of income, transfer tax is payable at the time of sale. - WHAT IF PRICES ARE DEFLATED, AND A SELLER'S NET IS LESS? It is possible a house could sell at a loss. - WHAT IS THE ENVIRONMENTAL LOBBY AND HOW IS IT FUNDED? It is a non-profit, membership supported, environmental organization, established in 1898. Its sole purpose is to lobby the state legislature for environmental laws. Decisions are made by a Board of Directors elected by the membership. - WHAT IS YOUR (Mr. McClintock's) POSITION ON MANSFIELD'S PROPOSAL? Neither for or against it, there should be the maximum amount of local discussion, regret that it's a referendum rather than being addressed at town meeting, where specifics could be debated. - WHAT IF WE RAISE THE MONEY, AND IT IS DEDUCTED FROM STATE AID? Nothing passed in State Legislature will be mandatory to all towns, and towns will know exactly what consequences will be when they vote on it. What is done now through referendum or town meeting doesn't commit a town to anything, it is a request for authority. - WHAT PERCENT OF A TOWN SHOULD BE TOWN OWNED? That varies from town to town. It is impossible to establish guidelines for all communities; it depends on individual characteristics. - HOW MANY TOWNS VOTED THIS DOWN? Three that I know of. - HOW DOES MANSFIELD COMPARE WITH NANTUCKET? One of original arguments was that this tax would be elitist; ironically some of the poorest towns have approved this, there has been no common denominator except concern for the land. - IS THIS MORE APPROPRIATE TO NANTUCKET FOR PRESERVING LAND THAN MANSFIELD? It is appropriate anywhere there is concern to get into a land protection program. - IS IT MORE APPROPRIATE TO IDENTIFY AREAS IN A TOWN IN NEED OF PROTECTION? Yes. - ONE WAY TO ACQUIRE LAND NEEDED MAY BE TO SELL LAND A TOWN OWNS BUT - --- - -- Iu Vv ivv n�yr THIS IN OTHER TOWNS? A very creative solution, haven't heard of a town using it in major program, it is done in a small way frequently. - IS THERE A RATIO FOR DEDUCTION FROM THE "CHERRY SHEETS"? This is a proposed solution to the Tax Cap which is not in effect yet, an exemption is another solution. - IS THE TAXATION OF PEOPLE BEFORE THE AMOUNT OF THE NEEDED APPROPRIATION IS IDENTIFIED REASONABLE? The identification of need is the essential first step. TOWN OF MANSFIELD 4 MASTER PLAN ADVISORY COUNCIL MINUTES OF MEETING - 3/12/87 Presentation by Connery Associates Dr. Goetze and Mr. Catineau distributed copies of handouts the Council had previously received to the Selectmen and Planning Board members present, and reviewed for their benefit Connery's work thus far on the EOCD Affordable Housing Study. Dr. Goetze reviewed the Housing Needs and Opportunities Study; some of the points he made were: - Changes in housing patterns are regional, not specific to Mansfield - Change in population patterns to include more elderly - Affordability problem in Mansfield: - An estimated 260 family households looking for the 10 units of available assisted housing - A ratio of 3 or 4 to 1 looking for elderly assisted housing - Analysis of housing needs in Mansfield: - Currently about 5,500 households, including about 3400 owners and about 2100 renters - These are distributed approximately as follows: Young couples - over 1000 Growing families with children - 1800 Single parent families - 400 Singles, non -elderly people living alone- over 1000 Total non -elderly households 4300 Elderly households: Able, independant - 720 Becoming frail - 480 Total elderly 1200 - Variations of housing models: Condominiums, congregate housing, coop mutual housing, accessory apartments, match -up programs, group living arrangements Dr. Goetze concluded by stating that they had addressed what Mansfield is, where it stands now in regard to housing, and what its needs are, in the State of the Arts Report and identified the most appropriate housing ideas for Mansfield, which they then worked through with the Council, and developed the Draft Housing Plan for Mansfield. He explained that Connery Associates will recommend what they think is most suited to Mansfield, and Mansfield, through the Council and Town Meeting will choose which of these they want. He added that, regardless of the recommendations that Mansfield chooses to pursue, their report will include all of their recommendations for future reference. Mr. Bob Catineau reviewed the Draft Housing Report for the benefit of the Selectmen, Planning Board, and audience members. Questions and discussions Some of the questions raised and points made: - WHAT TYPE OF ASSISTANCE IS APPROPRIATE TO THE ELDERLY? Answer: Connery is addressing an overall housing plan; however a diverse plan for the elderly would include provisions for "aging in place", congregate living where some meals are held in common, etc. TOWN OF MANSFIELD 5 MASTER PLAN ADVISORY COUNCIL MINUTES OF MEETING - 3/12/87 Questions and discussion (cont - DOES CONNERY HAVE PROJECTIONS FOR THE INCREASE IN ELDERLY POPULATION OVER THE NEXT FEW YEARS? Approximately 10% additional per year is a rough estimate. - WHAT DRIVES THE 10% INCREASE? Whether the person is a home owner or renter, illness, changes in the elderly person's situation, etc. - THERE HAS BEEN NO PROVISION FOR THE ELDERLY HOME OWNER TO STAY IN HIS HOME BY CREATING AN ACCESSORY APARTMENT. Adaptive reuse and allowing accessory apartments allow this. - WHAT ABOUT "LINKAGE"? The Boston linkage program is based on San Francisco's and doesn't apply as well to small towns. Connery feels that the bonus concept of incentive zoning is a "bigger carrot" in Mansfield. - THE WATER PROTECTION COMMITTEE'S WORK so far seems to indicate that cluster housing will be beneficial in many ways to water protection, if on public sewer. - WOULD IT BE POSSIBLE TO ENCOURAGE DEVELOPERS WITH APPROVED PLANS TO CHANGE THEIR PLANS TO CLUSTER DEVELOPMENT? A cluster bylaw would be necessary first. A bonus would be necessary to encourage the developer to change plans which had already been passed. Ms. Spedden advised Dr. Goetze and Mr. Catineau that the Council had discussed the Draft Housing Plan in detail at its previous meeting and would like to go through the questions raised and points made that night with Connery tonight. Section 1 - "ADOPT STANDARDS PERMITTING MORE DIVERSE NEW RESIDENTIAL DEVELOPMENT...." The Council discussed the fact that the figures of actual land available for development and population growth will be integrated with Connery's proposals once those figures are available from IEP. Connery explained that what is meant by factory built housing is component parts built in factories off site and is interchangeable with manufactured housing. Modulars have systematized dimensions, which would include kitchen components, bathroom components, etc. Modulars would meet the same codes, and often appear to have the same character as the neighborhood. The Council again discussed the use of mobile homes in New England as compared with their use in other parts of the country. In the past mobiles were not treated as housing as far as lot size, financing, and location. If these were treated like regular housing in regard to lot size, etc., their presence would be more socially acceptable. The Council indicated they would like more detail from Connery Associates on this. Shared living was explained as being congregate living, accessory apartments, and/or group residences which can be specified. As an example, in Florida some housing is being built as one unit having two master suites to accommodate unrelated persons who share some common facilities, such as kitchen and living room. TOWN OF MANSFIELD 6 MASTER PLAN ADVISORY COUNCIL MINUTES OF MEETING - 3/12/87 Questions and discussion (cont Section 1 - "AMEND THE ZONING BYLAW TO ALLOW A BROADER RANGE OF ZONING DISTRICTS...." Connery explained that they did not mean to develop more zones, but to possibly change the zones existing. As part of the Master Plan some of the zoning may be changed, so Connery isn't naming specific areas for zones. Section 2 - "ADOPT SINGLE FAMILY AND MULTI -FAMILY CLUSTER ZONING" Cluster doesn't necessarily mean more growth or density, it means the same number of units arranged differently on the same size piece of land. Section 3 - "ADOPT INCENTIVE ZONING AS SPECIAL PERMIT PROVISION...." The incentive system will probably not reach those on the very low side of the income scale; these must be reached through the Housing Authority. If a unit can be developed at a lesser price than the market, the Housing Authority through other programs or a housing fund can purchase the unit and make it available to these people. An example of one possible way to keep units affordable is to sell a unit at 3/4 of market price; at the time of resale 3/4 of the appreciation belongs to owner, 1/4 goes back to a trust fund, which then has the funds to assist another buyer. This particular example does not stigmatize particular units as "low income" or subsidized. Another way would be to keep the same unit, qualify people as eligible for this type of assistance, and through a Housing Authority, determine the price and either use a waiting list or lottery approach to determine the next buyer. Council members discussed the pros and cons of both examples, including necessity for deed restrictions, effects on units and neighborhood values, and developers reluctance to build units which may be "stigmatized". Participating in the equity of a unit gives a resident an incentive to keep property in good condition. Also discussed was the need for a buyer to have some down payment so he has some interest in the property from the original purchase. Ms. Spedden asked that Connery prepare a list of options available to keep affordable units for the Council. Also discussed was whether it was necessary to have all of the details worked out, or whether to leave some to be established by a Housing Authority or Planning Board. Members commented on the need to have all details as clear as possible before approaching a town meeting with these proposals; if town meeting voters don't understand the proposal its chances for passage are diminished. Members also discussed the need to understand the proposal before making a recommendation to town meeting. TOWN OF MANSFIELD 7 MASTER PLAN ADVISORY COUNCIL MINUTES OF MEETING - 3/12/87 Questions and discussion (cont) Section 3 - "ADOPT INCENTIVE ZONING AS SPECIAL PERMIT PROVISION.... " cont Dr. Goetze discussed possible strategies for approaching Town Meeting, including proposing the overall Master Plan and possibly cluster zoning at one meeting and waiting until a future meeting to introduce more ideas. Council members felt that with the town's growth it is important to address affordable housing this Fall with the Master Plan. Ms. Spedden added that the Master Plan will be presented at a special town meeting solely for the purpose of the Master Plan. This will make more time available for presentations and explanations. Section 4 - "ALLOW ADAPTIVE REUSE....." The Council discussed with Dr. Goetze and Mr. Catineau the many concerns that have been raised in regard to accessory apartments, especially concerning the rights of those in single family neighborhoods, and what constraints and permit processes could be required to address some of these concerns. Ms. Spedden indicated that before the Council proceeds further on these issues, there should be some input from the Selectmen and Planning Board members who had been present at this meeting. Connery Associates agreed to gather information that may clarify some of the Council's concerns. Connery Associates informed the Council that they would be sending a draft of a cluster bylaw and an incentive zoning proposal to members; that they will proceed on those issues that the Council is ready to go ahead with, and leave those issues not favored by the Council in the draft housing plan, but not proceed any further with them. Ms. Spedden stated that she felt it would be better to present all of the housing proposals to the Selectmen and Planning Board at one time rather than piecemeal. Connery Associates agreed to provide the Council with a model on accessory apartments for further discussion. Old Business Map Subcommittee Update Mr. Nelson advised the Council r' obtained and that areas on the subcommittee was meeting Monday that a computer readout had been readout had been identified. The to coordinate the information. TOWN OF MANSFIELD MASTER PLAN ADVISORY COUNCIL MINUTES OF MEETING - 3/12/87 New Business Ms. Spedden informed the Council that the next meeting would be Thursday, March 26. The agenda includes the presentation of the subcommitte map and preparation for the April 2 public hearing. e The Council discussed whether it would be possible to have the results of the survey from IEP for the March 26 meeting. Ms. Spedden informed the membership that IEP had considered the survey a part of Phase III, and it had not been their main focus. The Council also discussed whether a second draft of IEP's report would be available before the March 26 meeting or the April 2 hearing. Ms. Spedden stated that the April 2 hearing was not to address IEP's report, and that it will not be presented until it is acceptable. Ms. Spedden informed the Council of the discussions that had been held between Rande Wilson, herself, and representatives of IEP in regard to Mansfield's dissatisfaction with IEP to this point. The Council discussed its concerns in regard to IEP, the agenda for the April 2 public hearing, and the possibility of postponing that hearing. At 10:50 p.m. Mr. Nelson made a motion to adjourn, which was seconded by Mrs. Colella and passed by unanimous vote. 017 o,d, 31a(,1e7 Respectfully submitted, Deborah Hillman, Secretary