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Planning Board reviews inclusionary zoning draft and fee‑in‑lieu formula

May 08, 2024 | Town of Westborough, Worcester County, Massachusetts


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Planning Board reviews inclusionary zoning draft and fee‑in‑lieu formula
Town planner Jenny Gingras presented a draft inclusionary zoning bylaw the working group is developing and asked the Planning Board to review the proposal before it reaches a public hearing.

Gingras said the draft would consolidate existing affordable‑housing provisions scattered through the zoning bylaw, set a five‑unit minimum trigger for inclusionary requirements and outline three options developers could use when requesting reductions in the Highway Business district’s open‑space requirement: a fee‑in‑lieu, donation of land to the Town of Westborough, or implementation of sustainable design measures evaluated on a point system.

Gingras described a sample fee calculation tied to HUD income limits and gave a concrete example: “So for a family of 4, if the HUD income limit is 90,000, multiply that by 2, and that’s your payment of a fee in lieu instead of building 1 unit,” producing a $180,000 fee in lieu in the example. Board members questioned whether a multiplier of two would create a sufficient incentive to build affordable units rather than pay the fee and suggested a sliding scale or higher multiplier. Several members also urged that any fee formula have a clear rational basis to withstand legal scrutiny.

Members discussed how on‑site affordable units count toward the Subsidized Housing Inventory (SHI) and whether marketing plans could include a local preference to prioritize Westborough residents. Gingras pointed to an upcoming housing production plan, due in June, and an economic feasibility analysis that will inform what percentage targets (including a 20% threshold under certain construction types) are feasible for the town.

No zoning change was adopted at the meeting; the board provided feedback and will continue deliberation through the zoning working group and a future planning‑board hearing.

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