Wise advice…allow us to see how it all fully develops. We know how the guidelines have changed over time-for the better. There is no need to rush, but better to proceed cautiously as you have suggested, and, perhaps, get more good news.
------ Sara Mattes > On Oct 24, 2023, at 4:12 PM, Scott Clary <scottclar...@gmail.com> wrote: > > I'm not an attorney either. But I spoke to one who's very knowledgeable in > these matters. > > My bad - HCA is law. A lot of terms and notions have been put out there. How > about we stick with letter of the law to determine baselines and base our > options to comply on that. > > The attorney I spoke to said it is his understanding that the state agency > charged with overseeing this act (ELHOC), has "guidelines" in place but not > "regulations." Regulations have to go through a formal rule making process, > guidelines do not, and legally enforcing these guidelines is murky at best. > > He also believes that ELHOC has overstepped the authority granted to them by > the legislation in order to gain more power. > > Bottom line, to comply, only 20% of the HCA zoning needs to be within 1/2 Mi > of an MBTA. The other 80% can be anywhere. > > And the state got it right when they looked at small rural towns like Lincoln > and changed the HCA zoning requirement from 100% within a half mile of an > MBTA to 20% so that their downtowns would not have to be so dramatically > impacted with so much concentration in one area. That is what I believe to be > the spirit of the law. > > Kind Regards, > > Scott Clary > 617-968-5769 > > Sent from a mobile device - please excuse typos and errors > > On Mon, Oct 23, 2023, 5:48 PM Rich Rosenbaum <s...@bcdef.com > <mailto:s...@bcdef.com>> wrote: >> >> Housing Choice Act - It's not a law. It's an act. >> >> I'm no lawyer, but:: >> >> Chapter 358 of the Acts of 2020 (sometimes referred to as the economic >> development legislation of 2020) made several amendments to Chapter 40A of >> the General Laws, commonly known as the Zoning Act. >> >> https://www.mass.gov/info-details/housing-choice-legislation >> >> Each bill that becomes law is given a chapter number, assigned sequentially >> in the chronological order of its adoption – these are the Session Laws. The >> official publication of Session Laws for any given year is called the Acts >> and Resolves of Massachusetts, and is compiled and published annually by the >> Secretary of the Commonwealth. The vast majority of Session Laws are Acts. >> >> https://en.wikipedia.org/wiki/General_Laws_of_Massachusetts >> >> Housing Choice refers to a number of changes to the state’s zoning law, MGL >> Ch. 40A that were enacted at the end of the recent legislative session >> through the Economic Development Bond Bill (H.5250). The governor originally >> filed many of the Housing Choice provisions and the Legislature made some >> modifications and introduced new concepts into the version of the bill that >> is now law. >> >> https://www.mapc.org/planning101/housing-choice-at-a-glance/ >> >> >> On Mon, Oct 23, 2023 at 3:17 PM Scott Clary <scottclar...@gmail.com >> <mailto:scottclar...@gmail.com>> wrote: >>> Housing Choice Act - Its not a law. It's an act. As far as I know, there >>> has yet to be a judicial process regarding this act. I think it would be >>> appropriate if town leadership stopped using the term "Spirit of the law." >>> It is misleading. "Choice" is a critical term in it's title. >>> >>> Kind Regards, >>> >>> Scott Clary >>> 617-968-5769 >> -- >> The LincolnTalk mailing list. >> To post, send mail to Lincoln@lincolntalk.org >> <mailto:Lincoln@lincolntalk.org>. >> Browse the archives at https://pairlist9.pair.net/mailman/private/lincoln/. >> Change your subscription settings at >> https://pairlist9.pair.net/mailman/listinfo/lincoln. >> > -- > The LincolnTalk mailing list. > To post, send mail to Lincoln@lincolntalk.org. > Browse the archives at https://pairlist9.pair.net/mailman/private/lincoln/. > Change your subscription settings at > https://pairlist9.pair.net/mailman/listinfo/lincoln. >
-- The LincolnTalk mailing list. To post, send mail to Lincoln@lincolntalk.org. Browse the archives at https://pairlist9.pair.net/mailman/private/lincoln/. Change your subscription settings at https://pairlist9.pair.net/mailman/listinfo/lincoln.
