HomeMy WebLinkAbout2017-02-13 BOS Packet - Released (2)JOINT SELECTMEN AND PLANNING BOARD MEETING
Monday, February 13, 2017
Cary Memorial Building
6:00 PM
AGENDA
ITEMS FOR INDIVIDUAL CONSIDERATION
Discussion -Brookhaven Expansion Project: Payment in Lieu of Taxes and
Affordable Housing Mitigation Payment (45 min.)
- Fre-MM11
Estimated Adjournment
6:00 p.m.
6:45 p.m.
The Board of Selectmen will continue with a regular meeting February 13, 2017 at 7:00 p.m. in the
Board of Selectmen Meeting Room, 2nd Floor, Town Offices, 1625 Massachusetts Ave.
Hearing Assistance Device.s Available on Repast �� �� �
All agenda time and the order of items are approximate and
subject to change. Recorded by LeWedia
AGENDA ITEM SUMMARY
LEXINGTON JOINT BOARD OF SELECTMEN AND PLANNING BOARD MEETING
AGENDA ITEM TITLE:
Discussion -Brookhaven Expansion Project: Payment in Lieu of Taxes and Affordable Housing
Mitigation Payment (45 min.)
PRESENTER: ITEM
Bill Dailey, Jim Freehling, Jeanne NUMBER:
Krieger, Brookhaven; Carl Valente,
Town Manager I.1
No vote is requested for this agenda item.
The Town's negotiating team (Suzie Barry, Michelle Ciccolo, Charles Horning, Nancy Corcoran-Ronchetti,
Carol Kowalski, Aaron Henry, Carl Valente) and Brookhaven representatives will present the status of their
negotiations regarding a Payment in Lieu of Taxes and Affordable Housing mitigation payment, related to
Brookhaven's proposed PD rezoning.
SUGGESTED MOTION:
FOLLOW-UP:
If a consensus is reached on this matter, a new PILOT agreement will be prepared for future review and
approval by the Board of Selectmen.
DATE AND APPROXIMATE TIME ON AGENDA:
2/13/2017 6:00 p.m.
ATTACHMENTS:
Description Type
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Town Manager's Office
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Carl F. Valente, Town Manager Tel: (781) 698-4540
Linda Crew Vine, Deputy Town Manager Fax: (781) 861-2921
Proposal to Brookhaven regarding PD Rezoning — Memorandum of Agreement Framework
January 19, 2017
1. Brookhaven and the Town of Lexington will enter into a new Memorandum of Agreement
(MOA) that outlines all non -zoning related requirements that will be a condition of the PD
rezoning. This MOA will be a condition of the PD rezoning. The MOA will be both a
condition of the PD rezoning and a contract between the Town and Brookhaven, enforceable in
Court as any other contract
2. Brookhaven's current Payment -In -Lieu of Taxes (PILOT) is required by the existing Special
Permit. It is the Town's position that this requirement will continue, whether or not the PD
rezoning is granted by Town Meeting.
3. The PILOT requirement, to be included in a new MOA, will be referenced as part of the vote of
Town Meeting.
4. The existing PILOT payment made by Brookhaven will continue to increase by 3% per year,
subj ect to the annual determination by the Board of Assessors that this property is exempt from
property taxes (see #11 below).
5. The Brookhaven MOA will include a new component, which will be a contribution to the
Town/LexHab for affordable housing. This additional payment is a result of the Brookhaven
project adding to the Town's affordable housing requirements, as found in Massachusetts
General Law, Chapter 40B.
6. The calculation for the affordable housing mitigation payment for affordable is found in the
attached document and is based on the following:
• Brookhaven's 49 additional independent units will result in the Town's affordable
housing requirement to increase by 4.9 units (10%), rounded to 5 units.
• Because these additional 5 units will themselves increase the Town's housing units by
5, the Town's requirement affordable housing requirement will increase by another .5 (5
* 10%).
• Other assumptions as found on page 1 of the attached analysis.
7. At this time, the Town will agree with Brookhaven's contention that the 20 additional Assisted
Care units proposed as part of the project will not be counted by the U.S. Census Bureau in its
calculation of dwelling units in Lexington. If, in fact, the Town learns that these units are
included as dwellings in the 2020 Census, the parties agree that the MOA will automatically be
reopened and the attached analysis recalculated to include a total requirement of 9 unit
affordable housing units rather than 5.5. In this case, Brookhaven's affordable housing
mitigation payment will continue until the revised housing mitigation payment is satisfied.
8. The affordable housing requirement will be secured via a second mortgage held by the Town or
similar type of instrument.
1625 MASSACHUSETTS AVENUE • LEXINGTON, MASSACHUSETTS 02420
9. As shown on the attached analysis, once the affordable housing mitigation payment is satisfied,
those annual payments will be added to the ongoing PILOT payment, and will continue to
increase by 3% per year.
10. The Town, through its Board of Selectmen will not and cannot determine that Brookhaven is a
charitable organization exempt from property taxes. Only the Board of Assessors can make that
determination and, under current State law, the Assessors must review Brookhaven's tax status
each year. The MOA will clearly state that the Board of Assessors alone has the statutory
authority to determine if the property is exempt from property taxes.
11. If Brookhaven is considered a taxable entity for the purpose of Property Taxes, then the MOU
will provide for:
• The PILOT payments will cease at the time the property tax payments begin.
• The affordable housing mitigation will continue until the affordable housing
contribution, as shown on the attached analysis, is satisfied.
The above proposal to Brookhaven has not been brought to the Planning Board or Board of Selectmen
by the Town's negotiating team. The Town's negotiating team, however, will recommend to these two
boards adoption of this proposal.
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3 2/9/2017
Recall
Cuirnuiia-tive
Row
Payment
Year
Payments
1
20
$
102,425
$
102,425:
2
21
$
105,497
$
207,922
3
22
$
108,662
$
316,584
4
23
$
111,922
$
428,506
5
24
$
115,280
$
543,786
6
25
$
118,738
$
662,524
7
26
$
122,300
$
784,825
8
27
$
125,969
$
910,794
9
28
$
129,748
$
1,040,543
10
29
$
133,641
$
1,174,183
11
30
$
137,650
$
1,311,834
12
31
$
141,780
$
1,453,613
13
32
$
146,033
$
1,599,646
14
33
$
150,414
$
1,750,060
15
.........................................................................................
34
$
150,414
..........................................................................................
$
...............................................................,..,..,..,..,..,..,...
1,900,474
TOTAL
$
1,900,474
3 2/9/2017
AGENDA ITEM SUMMARY
LEXINGTON JOINT BOARD OF SELECTMEN AND PLANNING BOARD MEETING
AGENDA ITEM TITLE:
Estimated Adjournment
PRESENTER:
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
2/13/2017 6:45 p.m.
ITEM
NUMBER: