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In order to assist in the provision of affordable housing in Winchester, the Board of Appeals may grant a special permit consistent with the criteria established in Sections 9.4 of this Bylaw to increase the density of projects in the Apartment House RB-20, Multiple Family RA-120, PRD Districts and in Multiple Use Developments.

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The Board of Appeals may grant an increase in density above the allowed maximum of 20 dwelling units per acre to a maximum special permit density of 50 units per acre given the following conditions:

1. The applicant must designate at least 30 percent of the total number of units for use in conjunction with one or more state or federal housing assistance programs. For purposes of this Bylaw, any calculation of required affordable housing units that results in the fractional or decimal equivalent of one half or above shall be increased to the next highest whole number.

2. The applicant shall be eligible to receive compensation for all designated units commensurate with the state or federal program(s) employed. However, given an agreement between the applicant and the Planning Board a specific number of units, but less than the 30 percent required as noted above, can be transferred directly to the Housing Authority for affordable housing purposes.

3. The applicant shall certify in writing to the Board of Appeals that the appropriate number of dwelling units shall be set aside to be conveyed to the Winchester Housing Authority consistent with the requirements of the state or federal programs employed before the Board of Appeals may grant a special permit for an increase in project density.

4. In instances where the state and federal program entails a home ownership provision said units shall be sold directly from the applicant to the buyer consistent with the state or federal guidelines for such a sale. Further, the units sold by the applicant shall be counted towards the total number of affordable housing units required by the Planning Board.

5. In the instance where the Board of Appeals determines that the use of federal or state housing assistance programs will not be available in a timely fashion to be used in conjunction with the affordable housing incentives of this Bylaw the Board of Appeals may allow alternative methods of meeting the affordable housing requirements. One such method that the Board of Appeals may employ shall be to require the applicant to pay a fee in lieu of providing affordable dwelling units to the Housing Authority. Said fee shall be seven ($7.00) dollars per gross square foot for all project structures excluding uninhabitable basements, parking and recreation areas. The payment in lieu shall be made into the Winchester Affordable Housing Fund administered by the Select Board. Said payment shall be made in full before the granting of the first occupancy permit by the Building Inspector.