[Massplanners] Linkage Fee Programs in Massachusetts

Wed Aug 31 16:46:42 EDT 2022

Wow. Frank Baxter.

And is Peter Lowitt, the MAPD Leg Comm. impact fee subcommittee chair on
this listserv?

On Wed, Aug 31, 2022, 12:36 PM Judi Barrett via MassPlanners <
massplanners at masscptc.org> wrote:

> 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 <daniel.j.fortier at gmail.com>
> *Sent: *Wednesday, August 31, 2022 11:37 AM
> *To: *Alicia Hunt <ahunt at medford-ma.gov>; Victor Panak
> <vpanak at brooklinema.gov>; massplanners at masscptc.org
> *Cc: *Amanda Centrella <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 <massplanners at masscptc.org>
> *Sent: *Wednesday, August 31, 2022 10:30 AM
> *To: *Victor Panak <vpanak at brooklinema.gov>; massplanners at masscptc.org
> *Cc: *Amanda Centrella <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
>
> 781-393-2480
>
>
>
>
>
> *From: *MassPlanners <massplanners-bounces at masscptc.org>
> <massplanners-bounces at masscptc.org> on behalf of Victor Panak via
> MassPlanners <massplanners at masscptc.org> <massplanners at masscptc.org>
> *Reply-To: *Victor Panak <vpanak at brooklinema.gov> <vpanak at brooklinema.gov>
> *Date: *Tuesday, August 30, 2022 at 4:20 PM
> *To: *"massplanners at masscptc.org" <massplanners at masscptc.org>
> <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
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