Code of Massachusetts Regulations
760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF
Title 760 CMR 25.00 - Securing Approval Of Projects Under M.g.l. C. 121a In Cities And Towns Outside Boston
Section 25.05 - Extensions of the Period of Tax Exemption Based on Inclusion of Amenities

Universal Citation: 760 MA Code of Regs 760.25

Current through Register 1531, September 27, 2024

(1) Factors to be Considered. An applicant or an existing M.G.L. c. 121A entity may request an extension of the period for tax exemption based on the inclusion of amenities shall be reviewed by the planning board, the mayor or selectmen and the Department. Extension of the exemption period shall be for a minimum of one year and a maximum of ten years. Extensions shall be considered for the amenities set out in M.G.L. c. 121A, § 10, Paragraph 11. The following factors shall be considered in evaluating any amenity for which an extension is sought. The factors upon which an extension of tax exemption is granted shall be specified in writing and included with the decision. An extension shall not be granted for the same amenity more than once.

(a) The added expense borne by the applicant because of the provision of such amenity, including expenses to be incurred during the development and construction phases of the project, and continuing expenses to be incurred during the operation of the project.

(b) Other financial considerations, such as the terms of long term financing to be provided to the project or loss of project revenue;

(c) The potential for job creation and opportunities for increased economic development.

(d) Support for the amenities from persons within the community whom the project is intended to serve;

(e) Aspects of the amenities which go beyond similar amenities required to be provided under the applicable laws, ordinances, and regulations. If provision of amenities, which are specifically required to be provided by statute, ordinance or law, places such an unusual and unique burden on the project, different from other M.G.L. c. 121A projects, the mayor or selectmen and the Department may determine that an extension is warranted, on account of such amenities.

(f) The superior quality and quantity of such amenities. The quality and quantity of amenities in other M.G.L. c. 121A projects and in other similar projects may be used as a guideline for evaluating the proposed amenities.

(g) Other factors, deemed relevant under the circumstances.

(2) Involvement of the Planning Board. The planning board shall have the same authority with respect to a request for extension of the period of tax exemption as with the rest of the application. The planning board shall have the authority to recommend changes to the amenities proposed to be established by the M.G.L. c. 121A entity, provided that, if the Planning Board has decided to approve the project, the failure of the M.G.L. c. 121A entity to make any such changes to the amenities, as suggested by the Planning Board, shall not result in the disapproval of the application for approval of the formation of a M.G.L. c. 121A entity for the project, but only in the disapproval of an extension of the period of tax exemption.

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