Who determines whether the Housing Choice threshold applies to a warrant article?

From Voting Threshold Guidance provided by the Executive Office of Economic Development:

The Town Moderator has authority to “preside and regulate the proceedings, and decide all questions of order”—potentially including the required quantum of vote— pursuant to G.L. c. 39, § 15.

This guidance also recommends that the planning board, in creating its report on a zoning proposal, include in this report a determination of which voting threshold applies to the zoning proposal.

According to this guidance, the Town Moderator has the final word on whether the Housing Choice threshold applies. However, the Attorney General Office may reject a zoning by-law that is passed under Housing Choice if the office determines that Housing Choice was inappropriately used.

The Attorney General’s office has advised Brookline that Warrant Articles containing form-based codes or design standards will not qualify for Housing Choice.