Category Archives: State

WEST & RTE 27

Town Administrator, Kristine Trierweiler shared her Summer 2024 TOWN ADMINISTRATOR UPDATE with Select Board at our meeting on Tuesday, and I especially wanted to share the part below in blue font which is a follow up about the planned improvements to the West Street and RTE 27 intersection. At the Select Board meeting, Kris shared that in her meeting with MASSDOT that the state said that if Medfield builds the roundabout, as the state wants, that the state would find the town all of the monies to construct the roundabout. Whereas if we opt to install a traffic light, we will have to pay the entire $1.9m. cost on out own dime, as we will lose the $1.3m. Federal earmark.

To be clear, this Select Board member preferred the roundabout from the outset. It was the other two Select Board members who said they preferred the traffic light and who asked to have Kris pursue the traffic light option with the state.

The town now has the roundabout, which the MASSDOT traffic engineers say is the safest alternative, available to the town at no cost, versus a less safe traffic light option that will cost the town $1.9m. – should be an easy choice. If the town builds the traffic lights, your family’s share would be $4-5,000.

ADU’s – coming to a Medfield yard near you in February

Accessory Dwelling Units (ADU’s), or small homes of up to 900 sq. ft., become permitted as of right in Massachusetts starting 2/2/2025 on any single family lot, subject only to “reasonable regulations.” The recently enacted Affordable Homes Act (AHA) stated the new rules, adding ADU’s onto the exemptions from local zoning that already exist for educational, religious, and agricultural uses. The permitted reasonable regulations cited are “dimensional setbacks and the bulk and height of structures and . . . short-term rental.”

STATUTE

The Affordable Homes Act, Chapter 150 of the Acts 2024

SECTION 7. Section 1A of chapter 40A of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out the definition “Accessory dwelling unit” and inserting in place thereof the following definition:-
“Accessory dwelling unit”, a self-contained housing unit, inclusive of sleeping, cooking and sanitary facilities on the same lot as a principal dwelling, subject to otherwise applicable dimensional and parking requirements, that: (i) maintains a separate entrance, either directly from the outside or through an entry hall or corridor shared with the principal dwelling sufficient to meet the requirements of the state building code for safe egress; (ii) is not larger in gross floor area than 1/2 the gross floor area of the principal dwelling or 900 square feet, whichever is smaller; and (iii) is subject to such additional restrictions as may be imposed by a municipality, including, but not limited to, additional size restrictions and restrictions or prohibitions on short-term rental, as defined in section 1 of chapter 64G; provided, however, that no municipality shall unreasonably restrict the creation or rental of an accessory dwelling unit that is not a short-term rental.
SECTION 8. Section 3 of said chapter 40A, as so appearing, is hereby amended by adding the following paragraph:-
No zoning ordinance or by-law shall prohibit, unreasonably restrict or require a special permit or other discretionary zoning approval for the use of land or structures for a single accessory dwelling unit, or the rental thereof, in a single-family residential zoning district; provided, that the use of land or structures for such accessory dwelling unit under this paragraph may be subject to reasonable regulations, including, but not limited to, 310 CMR 15.000 et seq., if applicable, site plan review, regulations concerning dimensional setbacks and the bulk and height of structures and may be subject to restrictions and prohibitions on short-term rental, as defined in section 1 of chapter 64G. The use of land or structures for an accessory dwelling unit under this paragraph shall not require owner occupancy of either the accessory dwelling unit or the principal dwelling; provided, that not more than 1 additional parking space shall be required for an accessory dwelling unit; and provided further, that no additional parking space shall be required for an accessory dwelling located not more than 0.5 miles from a commuter rail station, subway station, ferry terminal or bus station. For more than 1 accessory dwelling unit, or rental thereof, in a single-family residential zoning district there shall be a special permit for the use of land or structures for an accessory dwelling unit. The executive office of housing and livable communities may issue guidelines or promulgate regulations to administer this paragraph.

ANALYSIS

The law firm Mirrick O’Connell last week sent out an emailed update that summarized the legislative change that permits ADU’s as follows:

  1. Accessory Dwelling Units Permitted By-Right (Sections 7 and 8)

The AHA amends the Zoning Act by prohibiting towns and cities from restricting accessory dwelling units (ADUs) in single-family zoning districts. ADUs, sometimes known as in-law apartments, now fall under the protection of M.G.L. c. 40A, Section 3, which exempts religious, educational, and other uses from local zoning.

One ADU is now allowed by-right on each lot in a single-family zoning district, subject to “reasonable regulations”, which may include non-discretionary site plan review, certain dimensional controls, Title 5 septic regulations, and restrictions on short-term rentals.

The AHA provides that an accessory dwelling unit must have a separate entrance (interior or exterior) that complies with the State Building Code and may not be larger than half the gross floor area of the principal dwelling or 900 square feet, whichever is smaller. The AHA prohibits restrictions on owner-occupancy and rentals of ADUs, eliminating the requirement in many towns and cities that in-law apartments may only be used by an owner’s close relative.

In addition, towns and cities must allow additional ADUs in single-family zones through a special permit process.

The ADU provisions take effect on February 2, 2025, so municipalities have a few months to consider zoning amendments consistent with the AHA.

David Temple’s roundabout information for RTE 27 & West

The email below is from David Temple to follow up on his Tuesday Select Board meeting comments in support of installing a roundabout at RTE 27 and West Street instead of new traffic lights and to share his data sources (NB- David did not include a reference to the Roman philosopher Cicero materials he cited). David noted that all who study the issue seem to agree that roundabouts are safer and significant improvements over lights for multiple reasons.

MassDOT prefers we install a roundabout thereso much that we would lose our Federal earmark for $1.3m. and it would cost the town over a $1m. more to install traffic lights instead.:

I spoke in support of installing roundabouts instead of traffic lights in Medfield, and I presented documents from the Insurance Institute for Highway Safety, the Massachusetts Dept, of Transportation, and the North Carolina Dept. of Transportation. They asked for electronic copies, for which I have attached links. Please forward them to the board and Kristine.  Thanks.

https://www.iihs.org/topics/roundabouts

https://www.mass.gov/info-details/what-are-roundabouts#:~:text=Roundabouts%20are%20more%20efficient%20than,shorter%20than%20at%20traffic%20signals.

https://movingnorthcarolina.net/roundabout/

Correction re roundabout & traffic lights – lights will cost us + $1.1m. more per DPW Director

Chris Potts kindly shared with me her notes from listening to the MTV version of Maurice Goulet, Director DPW presenting to the Select Board last week about the MassDOT preference that the RTE 27 and West Street intersection be improved with a roundabout instead of new traffic lights and the link below to the MTV recording.

“Here’s a link to the recording that starts at the point in the discussion when costs were noted: https://youtu.be/VemA9lcCRhQ?t=1903” I see that the presentation on the intersection begins at 27:00.

Chris’ input got me to listen to the MTV video of the meeting about what Moe said, and I now supply a more accurate account. Moe said:

  • it will cost the town $1.1m. more if the town opts to do new traffic lights instead of the roundabout.
  • the costs are
    • traffic lights:
      • $1.4m. +$300,000 for design costs
      • town would not get the $1.3m. Federal earmark
      • = $1.7m. net cost to town.
    • roundabout:
      • $1.8m. + unknown amounts for takings of slope easements and temporary takings
      • town gets the $1.3 Federal earmark
      • = $500,000 net cost to town.
  • How Moe gets to the $1.1m.of extra cost to the town, instead of $1.2m. I do, is not clear to me, but it might be the needed takings he references.
  • Moe also used the words that MassDOT will “require” the roundabout, and that MassDOT is “adamant” about employing roundabouts unless one proves that a roundabout will “not work” at the site.
  • My prior post stated a $800,000 increased cost to do traffic lights instead of a roundabout, and that was wrong. The increased cost of the traffic lights is either Moe’s $1.1m. or the $1.2m. that I figure.

House budget issued per MMA

The Massachusetts Municipal Association emailed this afternoon about what is in the House version of the budget, which was released this afternoon. The Governor proposed raising our UGGA by 3%, but the House only came through with a 1% increase. Medfield’s draft Cherry Sheet based on these House numbers will be available later this week.

In general, state aid to Medfield has been declining for years, meaning that more of what the town needs to provide for its citizens must be done with property taxes.

House Ways & Means Committee Files $57.9B FY2025 Spending Proposal  
April 10, 2024  

Earlier today, the House Ways & Means Committee released a $57.9 billion state budget plan for fiscal 2025. The proposal includes several important investments in schools and municipalities, despite more modest state revenue expectations than in recent years.   The House Ways & Means Committee budget, H. 4600, offers important progress on a top local aid priority, by adding $37 million to lift the per-pupil minimum aid amount from $30 per student to $104. This is welcome news for 228 districts across the Commonwealth that were statutorily set to receive an increase of less than $104 per student in Chapter 70 aid funding.   The HWM budget includes a 1% increase in Unrestricted General Government Aid (UGGA) over last year, lower than the 3% increase offered by the Governor. During the budget debate and legislative session, the MMA will work to build on this figure, and will continue to advocate strongly for a further increase in Unrestricted General Government Aid as well as other key municipal aid accounts. The state’s changing revenue landscape underscores the need for collective advocacy from local officials in several essential areas.  

The MMA will reach out in the weeks ahead with more information on critical advocacy opportunities during the House budget debate.   The following are key components of the HWM proposal for municipalities:  

Unrestricted General Government Aid – $12.7 million increase The HWM budget includes a $12.7 million increase in the Unrestricted General Government Aid account, a 1% increase over fiscal 2024. This is below the Governor’s recommendation of a 3% increase for fiscal 2025.  

Chapter 70 School Aid – $308.7 million increase lifts Minimum Aid to $104 Per Student The HWM budget recommendation continues implementation of the funding schedules in the 2019 Student Opportunity Act to stay on track with the law’s intended schedule. The proposal represents funding year four of the law’s six-year rollout. In a major win for cities and towns, the House Ways and Means proposal increases per-pupil spending for Minimum Aid districts from $30 to $104 per student, leveraging surtax revenues to increase the total for Minimum Aid districts by $37 million. This would benefit the 228 out of 318 districts that were set to receive an increase of less than $104 per student for fiscal 2025.  

Charter School Reimbursements – $199 million The HWM budget would fund the charter school reimbursement account at $199 million, intended to meet the commitment to fund the state’s statutory obligation to mitigate Chapter 70 losses to charter schools.  

Rural School Aid – $7.5 million The HWM budget would fund Rural School Aid at $7.5 million for eligible towns and regional school districts. The grant program helps districts facing the challenge of declining enrollment to identify ways to form regional school districts or regionalize certain school services to create efficiencies. This amount reflects a decrease from fiscal 2024, which was funded at $15 million.  

Special Education Circuit Breaker – $492.2 million The HWM budget would fund the Special Education Circuit Breaker program at $492.2 million. By leveraging $75 million from a recently passed fiscal 2023 supplemental budget, total funding in fiscal 2025 would be $567 million via this proposal.  

Regional School Transportation – $99.4 million The HWM budget submission would fund regional transportation reimbursements at $99.4 million for fiscal 2025. According to updated cost projections from the Department of Elementary and Secondary Education, this represents an 87% reimbursement of anticipated claims.  

McKinney-Vento Reimbursements – $28.6 million The HWM budget would fund reimbursements for the transportation of homeless students at $28.6 million for fiscal 2025. The impact of this funding level by community will depend on the number of homeless families that remain sheltered in local hotels and motels. According to updated cost projections from the Department of Elementary and Secondary Education, the HWM proposal represents 74.4% of anticipated claims for fiscal 2025.   The HWM budget does not have a line item for out-of-district vocational transportation, which was funded at $1 million in fiscal 2024.  

Payments-in-Lieu-of-Taxes (PILOT) – $51.8 million The HWM budget would fund PILOT payments at $51.8 million, an increase of $334,000. This amount should hold communities harmless from recent valuations.  

Surtax Investments   Fiscal 2025 is the second year that revenue from the Fair Share amendment will be allocated. The HWM budget proposes $1.3 billion in Fair Share investments in education and transportation needs, including the following of note to municipalities:  

Supplemental Local Road and Bridge Funding – $25 million The HWM budget proposes an additional $25 million of surtax revenue for supplemental local road and bridge funding. This amount would be separate from the annual Chapter 90 bond authorization. This funding would be put to use immediately by cities and towns to repair crumbling local roads, advance critically needed projects, and improve safety on our neighborhood roadways.  

Green School Works – $10 million The HWM proposal includes $10 million for the Green School Works grant program that was launched during fiscal 2024. This program, administered through DESE, provides financial support to K-12 districts to install or maintain clean energy infrastructure.  

Universal School Meals – $190 million The HWM proposal includes $190 million to continue the Universal School Meals program, allowing all Massachusetts students to eat for free at school, regardless of household income.  

Outside Sections   Disaster Relief and Resiliency Fund The HWM budget includes an outside section (Section 37) to establish a permanent Disaster Relief and Resiliency Fund, which intends to provide relief to municipalities impacted by extreme weather events. Outside Section 92 directs the state’s comptroller to transfer $14 million from any consolidated net budget surplus for fiscal 2025 to the Disaster Relief and Resiliency Fund.  

Creation of an iLottery, Dedicated to Early Education The HWM budget includes an outside section that would allow the Massachusetts State Lottery to create an online platform, or iLottery, with the resulting new revenue targeted to early education and care programming. While these are very worthwhile programs, they are not the intended mission of the Lottery for more than 50 years, which is to fund aid to cities and towns.  

Next Steps Members of the House have until 5 p.m. on Friday to file budget amendments. The House is expected to begin debate on its fiscal 2025 state budget proposal on April 24. The Senate will take up its budget process in May, with the goal of having a final bill on the governor’s desk in time for the July 1 start of the fiscal year.   The MMA will continue to reach out to local officials in the weeks and months ahead to engage in advocacy efforts on behalf of many critical municipal and school aid programs.  

Helpful Links:

The Division of Local Services will update the Preliminary Cherry Sheets to reflect the House Ways & Means proposal later this week.

Click here to see the full text of the House Ways & Means budget proposal.    

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MSBA denial letter

The following is the 12/13/2023 letter from the Massachusetts School Building Authority denying Medfield’s request for consideration for funding support this year.

State explains Gov’s first budget

This came today in my e-newletter from the Division of Local Services (DLS) at the Massachusetts Department of Revenue to explain what the Gov’s administration thinks are the highlights of her first budget.

Partnering with our Cities and Towns – FY24 Funding Updates
Secretary Matthew J. Gorzkowicz – Executive Office for Administration & Finance

FY24 Budget

On Wednesday, August 9, Governor Healey signed the FY24 budget, representing $55.98 billion in historic investments in schools, child care, workforce development, public transit, housing, climate resiliency and other key areas that will help make Massachusetts more affordable, competitive, and equitable.

In collaboration with our partners in the Legislature, the budget includes hallmark proposals from Governor Healey, including making community college free for students aged 25 and older through MassReconnect, expanding Commonwealth Cares for Children (C3) grants for early education and care providers, increasing funding for Early College, Innovation Career Pathways, apprenticeships and other workforce development programs, and dedicating 1 percent of the budget to energy and the environment for the first time.

Through the FY24 budget, the Healey-Driscoll Administration is reaffirming our commitment to the state’s partnership with cities and towns, making historic investments in Chapter 70 school aid, unrestricted government aid, and student transportation. This spending plan fully funds another year of the Student Opportunity Act and dedicates resources to help cities and towns redevelop and revitalize their downtowns.

In total, cherry sheet aid to municipalities across the Commonwealth is increasing $648 million, or 8.4%, over FY23, totaling $8.37 billion.

With this being the administration’s first budget, we are excited to share some of the details on our support for cities and towns.

Unrestricted General Government Aid (UGGA)

A cornerstone of the administration’s commitment to partnering with municipalities is the expansion of Unrestricted General Government Aid, supporting essential local government services, including public safety, public works, and economic development. In FY24, UGGA is increasing by $39 million, or 3.2%, over FY23, totaling $1.27 billion.

Education: Fully Funding the Student Opportunity Act

The administration is focused on ensuring that all students have access to a high-quality public education. In FY24, Chapter 70 aid is increasing by $594 million, or 9.9%, over FY23, totaling $6.59 billion. This represents full funding of the Student Opportunity Act, the largest nominal increase in the history of the program, and the largest percentage increase in more than two decades.

The budget also funds major increases in school transportation reimbursement ($21.3 million, 20%) and rural school aid ($9.5 million, 173%). It includes full funding for Special Education Circuit Breaker.

FY24 also includes funding to make universal school meals permanent, ensuring every student across the Commonwealth has access to healthy nutrition during the school day.

For school buildings, the FY24 budget includes $50 million for the new Green School Works program, providing grants to school districts for clean energy infrastructure, $100 million in supplemental grants to mitigate cost increases at school construction projects previously funded by the MSBA and an increase in the MSBA’s statutory cap to $1.2 billion.

Municipal Partnerships

The FY24 budget also includes funding for critical partnership programs between municipalities and the state. Some examples include: Increasing payments in lieu of taxes (PILOT) for state-owned land by $6.5 M (14%).
  Increasing funding for public libraries by $3.8 million (12%).
  $100 million in supplemental aid for municipal road and bridges, funded by Fair Share surtax revenues.
  $16.3 million in funding for the Municipal Regionalization and Efficiencies Incentive Reserve, which funds programs including the Community Compact’s Best Practice ($2.1 million) and Efficiency and Regionalization Grant ($600,000) programs.
  $600,000 for the Massachusetts Downtown Initiative for municipalities looking to revitalize their downtowns. FY24-FY28 Capital Investment Plan

On June 22, the Healey-Driscoll Administration released its first five-year Capital Investment Plan (CIP), outlining more than $14 billion in investments over five years to build a more affordable, competitive, and equitable future for Massachusetts.

The investments in the FY24-FY28 CIP complement and build on the funding proposed in the administration’s inaugural operating budget, with a particular emphasis on advancing climate, economic development, and housing goals – including the creation of a new $97 million HousingWorks program.

For municipalities, the CIP includes significant funding for transportation, economic development, climate initiatives, technology infrastructure, and more.

Transportation

FY24 investments in transportation infrastructure across our cities and towns include: $200 million for Chapter 90 local transportation projects
  $25 million for the Municipal Pavement Program
  $15 million for the Municipal Small Bridge Program
  $15 million for the Complete Streets Program
  $8.5 million for the Shared Streets and Spaces Program
  $6 million for the Local Bottleneck Reduction Program Economic Development

The Healey-Driscoll Administration is committed to working with local leaders to build vibrant communities, revitalize downtowns, and create economic opportunity for all Massachusetts residents. In FY24, investments through the CIP include: $96 million for MassWorks infrastructure grants
  $16.6 million for Revitalizing Underutilized Properties
  $5 million for the Rural and Small Town Development Fund Climate

Withstanding the climate crisis and protecting our environment requires a strong partnership between the state and local communities. The FY24 CIP continues investments in EEA’s programs that support communities as they plan for the future, including: $41.2 million for the Clean Water Trust Revolving Fund
  $23.7 million for the Municipal Vulnerability Program (MVP)
  $21 million for Community Investment Grants
  $12 million for Inland Dams and Seawalls
  $10 million for MassTrails grants to municipalities Technology

Ensuring that all municipalities have the necessary technological infrastructure is critical for growth throughout Massachusetts. The FY24 CIP invests: $6.5 million for the Broadband Middle Mile Program
  $5 million for the Community Compact Municipal Fiber Grant Program
  $5 million for Community Compact Information Technology Grants
  $1 million for the Broadband Last Mile Program Other Municipal Funding $25 million for Library Construction Grants
  $10 million for Cultural Facilities Fund Grants
  $4 million for Municipal ADA Improvement Grants
  $1.6 million for Historic Preservation Grants We remain committed to working with our municipal partners in support of your efforts to make our Commonwealth stronger for all. Thank you for your dedication and hard work!

For more information on the FY24 budget, please visit www.mass.gov/gaa.

For more information on the FY24-FY28 Capital Investment Plan, please visit www.mass.gov/capital.   Register Today for the 2023 “What’s New in Municipal Law” Seminars

The Division of Local Services Municipal Finance Law Bureau will offer its annual “What’s New in Municipal Law” seminars for local officials on Thursday, September 21, 2023 at the Bentley University Conference Center in Waltham and Thursday, September 28, 2023 at the Log Cabin Banquet & Meeting House in Holyoke. The seminars will be held in-person and run from 9am to 3pm.

The registration fee is $100. Payment must be received by Friday, September 15th. Event check-in opens at 8:15am. Lunch will be provided.

To view the registration form, please click here. Any questions regarding the seminars should be directed to dlsregistration@dor.state.ma.us.   Highly Recommended: Formal Financial Policies

The DLS Financial Management Resource Bureau (FMRB) provides tailored consultative services to municipalities across the state. Articles in this series highlight a particular financial management best practice that we frequently recommend.

The adoption of formal financial policies is a best practice that serves many important purposes. Among the most crucial of these is the directive guidance that fiscally prudent policies provide for achieving sound, long-term budgeting practices. Along with a capital improvement plan and long-range forecast, financial policies constitute one of the three key tools that DLS encourages all communities to employ to shape the development of annual budgets that are balanced and sustainable into the future.




At a basic level, a policy constitutes a high-level plan for achieving certain goals within a defined topic area. In municipal government, financial policies can be divided into two broad categories. Fiscal planning policies present a roadmap to guide short- and long-term budget decisions. When they are well-reasoned, such policies help mitigate the risk of developing any structural imbalances while also providing a framework for sustaining and enhancing services. As the other category, financial operations policies promote accountability and enhanced coordination of services by defining procedural objectives and the related responsibilities assigned to applicable municipal officials and employees.

Financial policies should be understood as a foundational component of the government’s larger system of internal controls and are themselves a form of internal control of the directive variety. It is because of this vital function that credit rating agencies such as Moody’s and Standard & Poor’s look favorably upon the presence of strong formalized policies when determining a community’s bond rating, which has a significant impact on the cost of borrowing.

The effort to research, discuss, write, review, and finally adopt policies can seem a daunting task. As a result, many communities, especially smaller towns, have only informal and often unwritten guidelines that might only be passed along in an ad hoc fashion as local officeholders enter and leave municipal service. Such municipalities have a more tenuous hold on institutional knowledge and are also liable to be relatively myopic or disjointed in the pursuit of their goals. Hence, a prime objective for adopting formal, written policies is to serve as an educational tool that can foster long-term consistency and continuity in operational and budgeting practices.

Furthermore, enhanced transparency in fiscal governance can be achieved through policy adoption, and we encourage cities and towns to incorporate fiscal policy text into their budget documents and presentations. While remaining more flexible and easier to modify than bylaws and ordinances, policies should provide instructive guidance to steer officials and employees toward objectives. To assure effectiveness, city and town officials must be thoughtful and proactive in promoting policy awareness within the organization. We also recommend communities to periodically review and revise their policies to address evolving goals and circumstances.

From the financial management reviews and other municipal project work that FMRB has done over the years, the bureau has identified a minimum set of core policies we believe every city or town should adopt to manage the most significant areas of budgetary and operational risk. These are listed in the table below.



FMRB has drafted 30+ policy manuals for cities and towns, each of which incorporates the above topics, as well as others desired by the client community. Any municipality that is conducting research to create or revise a policy manual may access them here.
 

State updated our FY24 aid by $2K

Revised cherry sheet figures today on the Town of Medfield state aid:

State aid to Medfield up $166K (2%)

The state budget was finally agreed upon by the legislature this week (a month into the fiscal year and long after the town had to set its own budgets at the annual town meeting (ATM) at the beginning of May).

The following are the Town of Medfield state aid amounts for FY24 that were just released – our state aid is $8,550,556, up $166,430 over FY23 (the last fiscal year):