2010-11-02-State-Election-Warrant

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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. A YES VOTE would repeal the state law allowing the issuance of a single comprehensive permit to build housing that includes low-or moderate-income units. A NO VOTE would make no change in the state law allowing issuance of such a comprehensive permit. QUESTION 3: LAW PROPOSED BY INITIATIVE PETITION Do 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? SUMMARY This proposed law would reduce the state sales and use tax rates(which were 6.25%as of September 2009)to 3%as of January 1, 2011 It would make the same reduction in the rate used to determine the amount to be deposited with the state Commissioner of Revenue by non-resident building contractors as security for the payment of sales and use tax on tangible personal property used in carrying out their contracts. The proposed law provides that if the 3%rates would not produce enough revenues to satisfy any lawful pledge of sales and use tax revenues in connection with any bond,note,or other contractual obligation,then the rates would instead be reduced to the lowest level allowed by law The proposed law would not affect the collection of moneys due the Commonwealth for sales, storage,use or other consumption of tangible personal property or services occurring before January 1, 2011 The proposed law states that if any of its parts were declared invalid,the other parts would stay in effect. A YES VOTE would reduce the state sales and use tax rates to 3%. A NO VOTE would make no change in the state sales and use tax rates. Hereof fail not and make return of this warrant with your doings thereon at the time and place of said voting. Given under our hands this 4th day of October, 2010. Hank Manz, Chairman Selectmen Norman P Cohen Peter C.J Kelley of George A. Burnell Deborah N. Mauger Lexington I have served the foregoing warrant by posting a printed copy thereof in the Town Office Building, 7 days at least before the time of said Election. October_, 2010. Constable of Lexington 2