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Our members are the local governments of Massachusetts and their elected and appointed leadership.
Secretary Edward M. Augustus
Executive Office of Housing and Livable Communities
100 Cambridge St., Suite 300
Boston, MA 02114
Delivered electronically
RE: 760 CMR 76.00 Seasonal Communities Draft Regulations
Dear Secretary Augustus,
On behalf of the 351 cities and towns of the Commonwealth, the Massachusetts Municipal Association writes to share comments on the Executive Office of Housing and Livable Communities’ filed 760 CMR 76.00 Seasonal Communities Draft Regulations (Draft Regulations). We understand the Draft Regulations are one of several tasks that have come before EOHLC to implement the Affordable Homes Act (the Act) and seek to further structure the Seasonal Communities Designation as created in Section 32 of the Act.
We deeply appreciate EOHLC’s acknowledgement of the unique housing challenges facing communities that have seasonally fluctuating populations, and for the work and effort of EOHLC, as well as the Seasonal Communities Advisory Council in drafting these regulations. Understanding the particular housing needs in these areas, and ways in which more typical housing solutions have left them sidelined, we are encouraged by the introduction of a framework to help communities build and sustain housing for their year-round residents and workers.
These unique challenges however are further exacerbated by geography. The Commonwealth has many areas where the population rises and falls with the seasons. However, while many of these areas share commonality in their fluctuating populations, they have unique needs and challenges that are quite distinct from each other. Because of this, a broad framework with flexible mechanisms is essential to meet the needs of these varying communities.
The MMA strongly recommends an approach that keeps various infrastructure, resources, and staffing in mind when considering seasonal communities in order to ensure a broad range of these communities opt-in to the designation and are given access to real tools to support their housing needs.
Year-round Housing Occupancy Restriction Definition
The Draft Regulations define a year-round housing restriction as occupancy for 10 months in a 12-month period. While this may be appropriate in some places where the summer months see a population swell, areas with significant student populations such as Berkshire and Hampshire County, a longer term may be necessary to address the issue. We believe year-round occupancy should truly be year-round and would suggest lengthening the term for true year-round occupancy.
Zoning Requirements
The Draft Regulations go much further in their zoning requirement allowances for tiny houses and residential uses on undersized lots than those stated in their enabling act. The Act’s language around both tiny homes and undersized lots reads “a seasonal community shall”, while the Draft Regulations require the uses as of right. While municipalities are free to opt-in or out of the Seasonal Community designation, these strict requirements for local zoning are likely to be a deterrent for many municipalities to opt-in.
Housing Trust, Housing Preferences and Artist Housing
We appreciate the ability for seasonal communities to create housing preferences for essential public employees, and use housing trust funds for the creation and preservation of artist housing. While the creation of a Year-round Housing Trust Fund appears optional in the draft regulations, in order to create these preferences it seems assumed that a community in fact make a Trust. While many resourced communities may have the staff and knowledge to create this, those that do not would seem to be unable to create these preferences outside of the Trust. Additionally, there is some ambiguity around what the data collection requirements for these two specific housing types are in terms of reporting, or whether the collection needs to be done on an annual basis. We would suggest EOHLC create more clarity around how often these narratives are created and updated and where and when this data is made available. Giving communities flexibility in creating preferences is also essential to preserve and create these much needed and desired housing types.
Revocation of Designation
Under the Draft Regulations, EOHLC may revoke a Seasonal Community’s designation if it does not “meaningfully permit new residential units”. While the Draft Regulations allow for several factors, the term itself is overbroad and appears to be time limited. An annual percentage and gross number increase of Year-round housing units is not sustainable for a significant period of time. Is it the intent of the Draft Regulations for the Seasonal Communities designation to sunset after a certain number of years or after a certain percentage of housing units is acquired? How might this affect the zoning requirements and Housing Trust? We would welcome a more robust discussion in the Draft Regulations as to how this revocation may function and what if any sunset period may be put on this designation.
In summary, we thank you for your review of the concerns outlined above and appreciate the work and challenges that come with drafting these regulations. We believe a flexible framework can help ensure that these strategies and others will work to bring more affordable housing and economic growth to our state and local economies. We would welcome further discussions on the many points discussed in this letter.
If you have any questions, please do not hesitate to have your office contact me or MMA Legislative and Policy Counsel Ali DiMatteo, at [email protected] at any time. We are grateful for your support of local government in the Commonwealth and deeply appreciate your consideration of the municipal perspective on this important issue.
Sincerely,
Adam Chapdelaine
MMA Executive Director and CEO