| |
January 21, 2006 Many Ideas for Reforming Chapter 40B by John Andrews, MCHC
The State’s Chapter 40B land use law allows developers to ignore local zoning and planning if their development includes a small fraction of affordable housing units. This year at least 33 bills have been filed to make changes in 40B. Most seek to curb its abuses and make it more effective. A few would give even more power to developers.
Because of the influence of the developer lobby on Beacon Hill, most observers doubt that the Legislature will take any meaningful actions to address Chapter 40B abuses. But the legislation is on file.
Below is a list of the bills identified and briefly summarized by John Belskis of the Coalition to Reform 40B. To see the text of any Senate bill, go to http://www.mass.gov/legis/billsrch.htm and type in the Senate Bill number. House Bills may be found likewise by visiting http://www.mass.gov/legis/hbillsrch.htm
LEGISLATION TO CHANGE CHAPTER 40B
Senate Bills
786 Perpetuity of 40B units
787 Annual count of group homes, DMH/DMR, to DHCD
788 Count manufactured homes
789 Count untaxed land for exclusion determination
790 Looks like it was written by DHCD, CHAPA, MHP and developers. Huge and complex
796 No 40B granted until after General Court hears these bills
797 A 40B must be 100% affordable
798 40B units kept in perpetuity
807 Funds local education costs for children in 40B units
810 Permits approved developer to build on public land w/o competitive bidding (sewers water street etc)
House Bills
1570 No appeals to HAC if town is over 5% until all are over 5%
1571 No 40B if less than 20% of land commercial /industrial zoned and the minimum lots are 20,000’ w/sewer & water or 40,000’ without
1572 All kinds of “good” things like what counts, what applications must include, a mitigation fund, etc.etc.
1573 Limit profits to 10%
1574 Eliminates limited profit firms from 40B eligible
1575 Wipes out parts 20 through 23 of 40B law
1576 Counts mobile homes, in-law apartments, any 1st time public assistance buyers, toward the 10%
1577 Counts one half of mobile homes towards the 10%
1578 Density can’t exceed two times the existing
1579 Planning is the decision maker for 40B not ZBA (could be good or bad depending on the philosophy of your planners)
1580 Counts any units with federal funding, DMH/DMR units, section 8 housing.
1581 40B applications not transferable
1582 Does nothing. I don’t know what he was thinking
1583 Counts 12% of any sales or transfers at or below the affordable level and counts Section 8
1584 Counts inclusionary zoning units owned or rented
1585 ZBA’s must consider the financial feasibility
1586 Puts a three year moratorium on sections 20 through 23
1587 Low / Moderate defined as 65% of medium
1588 Creates a special commission (ala the task force) but it must have town representation, 40B impacted town representation, etc. it called for a 12-05 report to the legislature but it never moved
1589 ZBA decisions cannot be vacated
1590 Gives 10% of the development value in tax credits if the developer doesn’t use sections 20 through 23
1591 40B must have 35% affordable
1593 Any housing owned or occupied by an 80% or less of median income counts for the 10% |
|
View a printer friendly version
Email article to a friend
