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Home My WebLink About2022-11-02 SB Packet - Released SELECT BOARD MEETING Wednesday, November 2, 2022 Conducted by Remote Participation* 6:00 P M AGENDA ITEMS FOR INDIVIDUAL CONSIDERATION 1. Discuss Submission of Affordable Housing Trust Application to Community 6:OOpm P res ervation C ommittee(C P C) 2. Special Town Meeting 2022-3 Article Positions/Discussion 6:20pm ADJOURN 1. Anticipated Adjournment 7:OOpm T he meeting p ac ket is typ ic ally availab le at leas t o ne b us ine s s d ay in advanc e o f the meeting:http s://lexington.novus agenda.c om/agendapub lic/ Membe�s of the public can view the fneeting webina�f�om thei�compute�o�tablet by clicking on the following link at the time of the meeting: https://us06web.zoom.us/j/89938522992?pwd=R2NMQ21rcmIzV3JtUzZBM lh0 cm90 Q T 09 iP ho ne o ne-tap: +16469313860„89938522992# US +19294362866„89938522992# US (New York) Telephone: +1 646 931 3860 US +1 929 436 2866 US (New York) +1 301 715 8592 US (Washington DC) Webinar ID: 899 3852 2992 Passcode: 557559 *An Ac t R elative to Extending C ertain S tate o f Emergenc y Ac c omo datio ns:http s://u�ww.mas s.go v/the-op en-meeting-law T he next regularly s c heduled meeting o f the S elec t B o ard will b e held p rio r to S p ec ial To wn Meeting 2022-3 on Thursday, November 3, 2022 at 6:OOpm via remote participation. Hearing Assistance Devices Available on Request �� All agenda time and the o�de�of�items a�e app�ximate and � � �,�,,, subject to change. Recarded by LexMedia AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Discuss Submission of Affordable Housing Trust Application to Community Preservation Committee (CPC) PRESENTER: ITEM NUMBER: Kathryn Roy, Chair of the Affordable Housing Trust S tudy C ommittee I.1 S UMMARY: Category:Decision-Making If Town Meeting acts to create the Affordable Housing Trust being proposed in Article 12 of STM 2022-3, the Affordable Housing Trust Study Committee (AHT S C)Would like to submit an application to the Community P res ervation C ommittee (C P C) for funds to start the trust at its inc eption. T he applic ation is for funds in the normal F Y cycle of the C P C, which requires submis sions November 1 st, for funds available at the beginning o f F Y2024. T he C P C C hair has b een mad e aware o f the timing o f the vo te o n 11/1 and this ap p lic atio n to b e deemed timely. As the AHT S C is an ad hoc committee, Town Counsel has deemed the S elect Board to be more appropriate signatory to the application. SUGGESTED MOTION: Move to approve and sign the application to the C ommunity Pres ervation C ommittee for funding of the Affordable Housing Trust in FY 2024, largely as presented. FOLLOW UP: DATE AND APPROXIMATE TIME ON AGENDA: 11/2/2022 6:OOp m ATTACHMENTS: Description Type � ��<:��w�,��l��:��.�["��u�»��:a:��:��;�;��.,��:��:��:��` :��:�.��:�� I[��. �-,�� u �� r '�.: �N �� N �'� r�xYn✓�W�� ;r„ �� w6� �i�u , "'�,4r,�� mu �� ;i +'w�imry,r u ��;��° 4A"�•� �i r ,�u,�ymi�:u��m �` �w�J � �. ��+ N `�y � �� m�� Y ��"��"�� ,�� v:�� TOWN OF LEXINGTON COMMUNITY PRESERVATION COMMITTEE Guidelines for Proj ect Submission 1. Each proj ect request must be submitted to the Community Preservation Committee using the Project Application Summary Form as a cover sheet. 2. Applications should be submitted electronically or in paper format with three(3) copies. 3. Requests must include a narrative covering all applicable subj ects outlined in the Project Information sheet and conform to both the General and Category Speci�c Criteria. 4. Requests for consideration at the spring Annual Town Meeting must be received by November 1. Requests for fall Special Town Meetings will be considered only in extraordinary cases. 5. Applicants will be asked to attend a CPC meeting to make a presentation on their proj ect and to answer questions. They should also be prepared to attend a Public Hearing (if necessary), Town Meeting Members Association information session and the spring Annual Town Meeting. Please keep in mind that there are legal limitations on the use of CPA funds. Additional information on the CPA and the Community Preservation Committee can be found on the town's website at http://lexin tonma.gov. Click on the Boards & Committees tab on the home page and then on the Community Preservation Committee link. The Committee can be reached by email at communit�preservationcomm(a�,lexin tonma.gov. If you are in doubt about your proj ect's eligibility after consulting these sources, you are encouraged to submit an application so that the Committee can determine eligibility. Please submit the P�o�ect A�plication Sumyna�v Fo�yn and accompanying documentation to: Town Office Building Attention: Community Preservation Committee 1625 Massachusetts Avenue Lexington, MA 02420 TOWN OF LEXINGTON COMMUNITY PRESERVATION COMMITTEE General Criteria The Lexington Community Preservation Committee will only consider proposals that are eligible for Community Preservation Act(CPA) funding according to the requirements described in the CPA legislation; specifically, • The acquisition, creation, and preservation of open space. • The acquisition, preservation, rehabilitation, and restoration of historic resources. • The acquisition, creation,preservation and rehabilitation/restoration of land for recreational use. • The acquisition, creation, preservation and support of community housin� (includin� items such as annual payments to the housing authority to preserve or expand the affordable housing supply). •The rehabilitation and restoration of open space, land for recreational use, and community housing that is acquired or created using monies from the fund. Preference will be given to proposals that address as many of the following general criteria as possible: • Are consistent with current planning documents adopted by the Town; • Consider racial and other equity impacts; • Prepare for the impacts of changing climate and reduce greenhouse gas emissions; • Inte�rate concepts of inclusion, equity, accommodations, and universal desi�n; • Save resources that would otherwise be threatened; • Benefit a currently under-served population; • Serve more than one CPA purpose (for example, in linking open space,recreation and community housing, or demonstrate why serving multiple needs is not feasible; • Demonstrate practicality and feasibility, and demonstrate that they can be implemented expeditiously and within budget; • Produce an advantageous cost/benefit value; • Leverage additional public and/or private funds; • Preserve or use currently owned Town assets; • Receive endorsement by other municipal boards, committees or departments; and • Provide long-term contribution and/or enhancement to the Town. Category Specific Criteria Open Space proposals that address as many of the following specific criteria as possible will receive preference: • Permanently protect important wildlife habitats, including areas that o are of local significance for biodiversity; o contain a variety of habitats, with a diversity of geologic features and types of vegetation; o contain a habitat type that is in danger of vanishing from Lexington; or o preserve habitat for threatened or endangered species of plants or animals. • Provide opportunities for passive recreation and environmental education. • Preserve and/or restore threatened or deteriorating public lands. • Protect or enhance wildlife corridors, promote connectivity of habitat or prevent fragmentation of habitats. • Provide connections with existing trails or potential trail linkages. • Preserve scenic views. • Border a scenic road. • Provide flood control/storage. • Preserve important surface water bodies, including wetlands, vernal pools or riparian zones. • Preserve a primary or secondary priority parcel in the Open Space Plan. Historical proposals that address as many of the following criteria as possible will receive preference: • Protect,preserve, enhance, restore and/or rehabilitate historic, cultural, architectural or archaeological resources of significance, especially those that are threatened. • Protect,preserve, enhance, restore and/or rehabilitate Town-owned properties, features or resources of historical significance. • Protect,preserve, enhance, restore and/or rehabilitate the historical function of a property or site. • Support the adaptive reuse of historic properties. • Reside within a Lexington Historic District, on a State or National Historic Register, or eligible for placement on such registers, or on the Lexington Historical Commission's Cultural Resource Inventory. • Demonstrate a public benefit. • Demonstrate the ability to provide permanent protection for maintaining the historic resource. Affordable/Community Housing proposals that address as many of the following criteria as possible will receive preference: • Contribute to the goal of maintaining at least 10% affordable housing. • Promote a socioeconomic environment that encourages diversity. • Provide housing that is harmonious in design, scale, setting and materials with the surrounding community. • Intermingle affordable and market rate housing at levels that exceed state requirements for percentage of affordable units. • Ensure long-term affordability. • Promote use of existing buildings or construction on previously developed or Town- owned sites. • Convert market rate to affordable units. • Give priority to local residents, Town employees, and employees of local businesses. Recreation proposals that address as many of the following criteria as possible will receive preference: • Support multiple active and passive recreation uses. • Serve a significant number of residents. • Expand the range of recreational opportunities available to Lexington residents of all ages. • Jointly benefit Conservation Commission and Recreation Commission initiatives by promoting a variety of recreational activities. • Maximize the utility of land already owned by Lexington. • Promote the creative use of railway and other corridors to create safe and healthful non- motorized transportation opportunities. 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Scope or concept of proj ect: This request is for initial funding for a Lexington Affordable Housing Trust(AHT).Article 12 of Town Meeting 2022-3 seeks to authorize an AHT for Lexington.If Town Meeting Action is favorable,this funding request will capitalize the trust fund.It would be the first request of expected annual funding requests for the AHT. CPA funding is the most common source of funds across the Commonwealth for 128 established municipal AHTs. This request meets the general and category-specific criteria for supporting housing.This request is also consistent with both the Select Board's FY22&FY23 Strategic Outcome Areas(goals),specifically "Actively seeking development of affordable and accessible housing,"and with LexingtonNext,the Town's Comprehensive Plan, specifically Objective 2.2,"Increase and preserve the supply of subsidized housing." 2. Proj ect goal and obj ectives: (Indicate how the Category Specific Criteria for the CPA are met.) Please see attached continuation sheet A. 3. Proj ected action plan and timeline: (List steps needed to complete proj ect. These steps will be critical to completing Proj ect Status Reports that will be due in time to report back to Town Meeting each year until the project is complete.) Provided that Town Meeting acts favorably on Article 12 of 2022-3 Special Town Meeting,the AHT Bylaw would be transmitted to the state for approval,and Town Counsel would file the Declaration of Trust with the Secretary of the Commonwealth. Meanwhile,the Select Board would recruit candidates for appointment to the AHT Board. Appointments are targeted for January 2023.Following the appointment and swearing in of the AHT Board,the Town,through the Finance Department,would establish the trust fund.The Board would proceed to draft and adopt the Action Plan and Guidelines. 4. Anticipated project cost: (Provide a budget, with line itemization.) Upon being appointed by the Select Board in early 2023,the AHT Board would develop its budget as one of its first orders of business. 5. Other funding sources, including private/public/in-kind: It is anticipated that a 2023 Annual Town Meeting warrant article will request that the Affordable Housing Capital Stabilization Fund balance and expected 2023 payment due December 2023,totalling$433,074,will be directed to help further pre-fund the AHT.The$4,479 from short-term rental community impact fees will also be requested. These funds will be used to further provide for the creation and preservation of affordable housing in Lexington. 6. CPA funding request: Please see attached continuation Sheet B. 7. Budget justification: (provide an explanation for why each type of expense is needed.) Please see attached continuation Sheet C. 8. List and describe any comparable projects: Not applicable 9. Relevance to community: (indicate how proj ect is relevant to the current and/or future needs of Lexington.) This funding request supports the Town's objectives in LexingtonNext and reflects the Select Board's Strategic Outcome Area of"actively seeking development of affordable and accessible housing." Additionally, it furthers the CPC Housing objective by creating more housing options beyond market-rate single-family homes; in particular, the AHT can increase subsidies in mixed-income developments for more affordable homes than the state minimum requirements and help achieve deeper subsidies creating opportunities for more economic diversity in Lexington. 10. Supporting documents: (Provide supporting letters, references, studies, maps, and statistics.) The Planning Board voted support of Article 12,to create the AHT on October 12,2022. During that meeting the Planning Board encouraged applying for a CPC request of ineaningful size to pre-fund the AHT.The Select Board members present at the October 17 meeting each signaled their support.The CPC voted unanimously to support Article 12 at its October 20 meeting. LexHAB has voted in full support of Article 12. TOWN OF LEXINGTON C OMMUNITY PRE SERVATION C OMMITTEE PRO�IECT APPLICA TION SUMMAR Y FORM Pre-funding of the Affordable Housing Trust Proj ect Title: APPLICANT INFORMATION Kathryn Roy Name of Applicant/Contact Person: Chair,Affordable Housing Trust Study Committee Title/Position: Group or Committee Affiliation (if any): Alternate contact: Carol Kowalski, Assistant Town Manager for Development supporting� Applicant/Contact Person's address, contact phone number, and email: ckowalski@lexingtonma.gov, (781) 860-2219 kathryn@precisionthinking.com, (617) 548-9240 PROJECT INFORMATION Pl��se lease check all that a 1 Project Site Address: _ Open Space Historic Recreation Pro�ect Site Assessors Ma /Parcel: �_ Housing J p _ Project Site Deed Book/Page: _ Current OWner: Brief Proj ect Description: Pre-funding for the new Lexington Affordable Housing Trust, adopted at the 2022-3 Special Town Meeting. COSTS Fiscal Year Total Proj ect Cost CPC Funds Requested Other Funding Sources (amount and source) 2�24 �1.5 m i I I ion Brookhaven Housing Capital Stabilization Fund,subject to Town Meeting vote. 2025 2026 2027 2028 2029 TOTAL Signature of Applicant: Date: For Communit_y Preservation Committee Use Onl� Application Received On: Project Presented to CPC on: Reviewed by: Determination: Please use this page to provide any additional information: CPA funding is the most common source of funds for Massachusetts Municipal AHTs. The state legislature recognized this by amending MGL Chapter 44 Section SSC to specifically align with the requirements of the Community Preservation Act. Lexington's eight peer communities in our Regional Housing Services Organization consortium have AHTs. Six pre- fund their AHTs with annual CPA funds requests and all submit proj ect-specific CPA funding requests. The AHT must follow all CPA rules for the use of CPA funds. Grant agreements between the AHT and the CPC can be executed to track and ensure proper accountability of CPA funds. (See https://www.communitypreservation.org/housing-trust-grant-agreements for further details.) The AHT will enter into agreements with public and private developers, and/or the affordable housing will be deed-restricted in perpetuity. Note that proj ects that are funded by the AHT must still meet all of Lexington's zoning requirements. Planned Development Districts would still go to Town Meeting. Comprehensive Permits (i.e., 40B developments)would still need to go to the Zoning Board of Appeals.Any new affordable housing project that doesn't meet our zoning would require a vote of Town Meeting,just as it does now. This inaugural request for pre-funding of the Lexington AHT is an exciting and meaningful step toward making real progress on the community's affordable housing aspirations. Consideration of this request is most appreciated. Affordable Housing Trust CPA Request Continuation Sheet A 2. This request to pre-fund the Lexington Affordable Housing Trust (AHT) meets the eight Housing-specific criteria as follows: • Contribute to the goal of maintaining at least 10% affordable housing: The AHT will support the creation of affordable housing in Lexington that is eligible for inclusion on the Subsidized Housing Inventory (SHI), helping to maintain 10% of the housing stock on the SHI. • Promote a socioeconomic environment that encourages diversity: This funding request will advance this CPC criterion by creating more housing options beyond market-rate single-family homes. Examples: the AHT can provide funds to develop affordable housing, increase subsidies in mixed- income developments for more affordable homes than the state and zoning requirements, and can help achieve deeper subsidies creating opportunities for more economic diversity in Lexington. This supports the Town's objectives in LexingtonNext to "promote a wide range of housing options that respond to the needs of households regardless of income or life stages and to increase and preserve the supply of subsidized housing." It also reflects the Select Board's Strategic Outcome Area of "actively seeking development of affordable and accessible housing." • Provide housing that is harmonious in design, scale, setting and materials with the surrounding community: The projects funded by the AHT will have to meet all state and local zoning laws. • Intermingle affordable and market-rate housing at levels that exceed state requirements for percentage of affordable units: The AHT can provide homes for extremely low-income households, not only low-income households - the latter being the typical income eligibility for inclusion on the Subsidized Housing Inventory. One of the benefits of an AHT is that its funds can be used to contribute further subsidies to new developments. The AHT can also use pre-funding from the CPA to support the creation of affordable homes beyond the 10% SHI required for maintaining "safe-harbor" from 40B developments. • Ensure long-term affordability: The AHT will ensure long-term affordability by recording a permanent deed restriction and funding agreement for all homes developed with AHT support. • Promote use of existing buildings or construction on previously developed or Town-owned sites: The AHT will be a source of support and subsidies to developers converting existing buildings into affordable homes. The AHT will also support the creation of affordable homes on Town-owned sites. • Convert market rate to affordable units: The AHT will negotiate directly with owners to acquire an interest in unrestricted apartments, condominiums, and houses in exchange for permanent affordable deed restrictions. The AHT can "buy down" the difference between the market value and an affordable or income-eligible purchase price and record a permanent affordable deed restriction. The AHT will accept donations of land and homes below market rate. • Give priority to local residents, Town employees, and employees of local businesses: Local preference standards will be consistent with DHCD guidelines, Town guidelines, and Fair Housing law. Affordable Housing Trust CPA Request Continuation Sheet 6 6. CPA funding request: CPA is the most commonly used funding source for AHTs across the state. In 2016, the legislature amended the state law enabling AHTs to align the AHT language with CPA in recognition of this funding source. This request is for $1.5 million of the Lexington CPA Housing Bucket balance to pre- fund the AHT. The figure is the prior fiscal year's average sales price of a single-family home in Lexington. Affordable Housing Trust CPA Request Continuation Sheet C 7. Budget J ustification: a. Pre-funding is non-project-specific funding of an AHT. Pre-funding funds may come from the CPA, the Affordable Housing Stabilization Fund, and ARPA funds. Without pre-funding, an AHTs effectiveness to operate within current market dynamics is significantly curtailed. Pre-funding allows greater access to designated affordable housing funds throughout the year. b. Pre-funding is necessary to purchase properties and can also be used for holding costs, consultants to prepare RFPs, and housing needs assessments, among other things. c. Of the nine communities in our RHSO Consortium, six are pre-funded, and two benefit from healthy balances. d. The amount was chosen because it is a sufficient amount to purchase a single-family home if the opportunity presents itself. e. Funds from the Affordable Housing Stabilization Fund will be used for the above pre-funding expenses if approved at Annual Town Meeting. f. The AHT will also seek project-specific funds in future years. AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Special Town Meeting 2022-3 A1�1Cle POS1t1011S�D15CLlSS1011 PRESENTER: ITEM NUMBER: Board Discussion I.2 S UMMARY: C ategory:Informing T he S elect B oard will discuss Special Town Meeting 2022-3 articles and positions. 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