[Massplanners] Linkage Fee Programs in Massachusetts

Wed Aug 31 12:35:29 EDT 2022

Dan,

You and I may be among the few planners on this list who actually 
remember all the people listed on the credits page! LOL

You guys had someone on staff whose job was Word Processor? Yikes!

Judi Barrett
Not Retired (Not Even Close)

Daniel Fortier via MassPlanners wrote on 8/31/22 12:18:
>
> Here is a link to the Ashland Traffic Impact Fee Report from Open Library:
>
> Ashland traffic impact fee : assessment procedure : Massachusetts. 
> Metropolitan Area Planning Council : Free Download, Borrow, and 
> Streaming : Internet Archive 
> <https://archive.org/details/ashlandtrafficim00mass/mode/2up?ref=ol&view=theater>
>
> Dan Fortier
>
> Retired
>
> Interim Dennis Planner
>
> Sent from Mail <https://go.microsoft.com/fwlink/?LinkId=550986> for 
> Windows
>
> *From: *Daniel Fortier <mailto:daniel.j.fortier at gmail.com>
> *Sent: *Wednesday, August 31, 2022 11:37 AM
> *To: *Alicia Hunt <mailto:ahunt at medford-ma.gov>; Victor Panak 
> <mailto:vpanak at brooklinema.gov>; massplanners at masscptc.org 
> <mailto:massplanners at masscptc.org>
> *Cc: *Amanda Centrella <mailto:acentrella at medford-ma.gov>
> *Subject: *RE: [Massplanners] Linkage Fee Programs in Massachusetts
>
> Going into the wayback machine, When we were working on impact fees at 
> MAPC in the mid-80’s Lauren Popp in Medford smartly filed a home rule 
> petition that got through the legislature before most understood what 
> was going on.  So, Medford has specific authorization for impact fees, 
> they are a little bit different from linkage fees. Franklin attempted 
> to file the exact same home rule petition about a year later, and at 
> that point the committee said they would prefer to do it all at once. 
> It got caught up in Zoning Reform after that, and is still not in place.
>
> The Cape Cod Commission Act specifically authorizes impact fees as 
> well for a community with an approved Local Comprehensive Plan, so, 
> Barnstable is only comparable to Medford in that any impact fee they 
> might have has legislative authority.
>
> Boston had linkage fees in the 80’s, there is a court case on their 
> program involving, if I remember correctly their requirement for fire 
> equipment for a high-rise. As Boston is not covered in by Chapter 40A, 
> most communities cannot follow their guidance beyond the principles in 
> the court case about direct impacts.
>
> When I was at MAPC we had done some work with a few communities on 
> tying exactions to Special Permits, as Special Permits grant the 
> property owner rights above basic zoning, the idea was to connect the 
> increase in density to a fee/exaction to cover infrastructure needed 
> to support the development. Long time ago now, I was with the North 
> Shore Task Force and we had discussions with Peabody and possibly 
> Gloucester, but not sure if either had done anything while I was at 
> MAPC. I believe we also did something for Ashland and MAPC might still 
> be able to lay their hands on that. At the time Steve Kerlin was the 
> planner in Ashland and he was very cutting edge on what he pursued 
> with the Town.
>
> I thought I had electronic copies of the impact fee reports I did for 
> MAPC but cannot lay my hands on them at the moment. MAPC might be able 
> to look for the Impact Fee Primer I did, three volumes,  and other 
> reports. I know after I left Lori Prew continued to work with the 
> legislature and others on this issue until she left MAPC.
>
> I can try to dredge more up from the cobwebs of my memory if you had 
> any other questions. Unfortunately, don’t know who has adopted much of 
> this since the mid 90’s.
>
> Dan Fortier
>
> Retired
>
> Interim Dennis Planner
>
> Sent from Mail <https://go.microsoft.com/fwlink/?LinkId=550986> for 
> Windows
>
> *From: *Alicia Hunt via MassPlanners <mailto:massplanners at masscptc.org>
> *Sent: *Wednesday, August 31, 2022 10:30 AM
> *To: *Victor Panak <mailto:vpanak at brooklinema.gov>; 
> massplanners at masscptc.org <mailto:massplanners at masscptc.org>
> *Cc: *Amanda Centrella <mailto:acentrella at medford-ma.gov>
> *Subject: *Re: [Massplanners] Linkage Fee Programs in Massachusetts
>
> Hi Victor,
>
> We thought Medford was one of only 2 in the state.  Our ordinance 
> dates from 1989 and we’re currently looking to hire a consultant to 
> update our rates.
>
> a link to ours, as an FYI, this link will likely change as our zoning 
> is going to be renumbered soon due to a recodification.
>
> https://library.municode.com/ma/medford/codes/code_of_ordinances?nodeId=PTIIREOR_CH94ZO_ARTVIIDELIFE 
>
>
> We’re also happy to provide additional documents if that’s helpful.
>
> Alicia
>
> Alicia L Hunt
>
> Director of Planning, Development & Sustainability
>
> City of Medford
>
> ahunt at medford-ma.gov <mailto:ahunt at medford-ma.gov>
>
> 781-393-2480
>
> *From: *MassPlanners <massplanners-bounces at masscptc.org> on behalf of 
> Victor Panak via MassPlanners <massplanners at masscptc.org>
> *Reply-To: *Victor Panak <vpanak at brooklinema.gov>
> *Date: *Tuesday, August 30, 2022 at 4:20 PM
> *To: *"massplanners at masscptc.org" <massplanners at masscptc.org>
> *Subject: *[Massplanners] Linkage Fee Programs in Massachusetts
>
> Hi All,
>
> I am trying to do some research on existing linkage fee programs in 
> Massachusetts and am hoping to generate a list of communities that 
> have adopted such requirements. For the purpose of this question, a 
> linkage fee would be set forth in a by-law/ordinance and require 
> non-residential developments to pay a fee that gets collected into a 
> trust and used for affordable housing (and potentially other uses) – 
> kind of like inclusionary zoning but for non-residential uses. If your 
> community has a linkage program or you know of a community with a 
> linkage program, please let me know. My list already includes Boston, 
> Cambridge, Somerville, Watertown, Everett, Medford, Gloucester, and 
> Barnstable. Though I’m still trying to confirm Medford and Gloucester…
>
> Thanks everyone!
>
> *Victor Panak*
>
> ED/LT Planner, Economic Development Division
>
> Brookline Planning Department
>
> 333 Washington Street, Brookline, MA 02445
>
> Phone: 617-264-6482 (wk), 339-368-0433 (cell)
>
> Office: Tu/Th  Remote: Mo/We/Fr
>
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Judi Barrett
BARRETT PLANNING GROUP LLC
350 Lincoln Street, Suite 2503
Hingham, MA 02043
Office: 781-934-0073
Cell: 774-699-1499

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