Tina Brooks, the state's housing undersecretary, is offering solid proposals aimed at increasing both the stock of new homes and support for Chapter 40B, the state's anti-snob zoning law. She can't do much to change the attitudes of stiff-necked local officials who equate housing density with urban blight. But she can, and does, provide communities with tools to shape sensible development.
Chapter 40B allows the state to overrule local zoning bylaws, provided developers set aside one-quarter of their units for low- and moderate-income tenants. Housing activists note that 26,000 affordable homes in mostly multifamily developments have been built under the program since 1969. But many local officials loathe the law and accuse developers of stuffing their pockets while leaving towns to cope with new demands on schools and public safety.
Because 40B applies only to towns that haven't met a 10 percent threshold of affordable housing stock, some officials prepare wild schemes, like trying to count prison beds toward the goal. Others mount efforts to flat-out repeal the state's most productive tool for creating affordable housing. Still, not all 40B developers are on the side of the angels. Last year, state Inspector General Gregory Sullivan exposed developers who routinely understated their profits to elude state laws. And he characterized the state's certification and monitoring processes as "broken."
The changes proposed by Brooks should prove beneficial to all sides. She would create common design and site standards for new 40B developments, addressing legitimate community concerns about inconsistencies among the four state housing agencies that now determine eligibility of 40B projects. A board of architects would help to decide if projects are in harmony with surrounding areas. New regulations also would make it easier for towns to create tailored housing production plans in lieu of 40B.
One of the most promising proposals would make it easier for towns to reach their 10 percent affordability target by negotiating deals with developers to set aside 35 percent of the homes in single-family developments for people with modest incomes. This gets to the heart of 40B: a chance for young families to buy starter homes.
To end any accounting shenanigans by developers, Brooks would require third-party accounting firms and appraisers to certify the costs and profits of 40B developments. Developers could choose from a state list of prequalified firms, but a random assignment of the firms might go further toward regaining the trust of suspicious town officials. Brooks appears to be paving a way that acknowledges the legitimate concerns of cities and towns without caving in to NIMBYism. That's the best and shortest road to housing production in Massachusetts.
Source: Boston.com