The main purpose of Massachusetts Chapter 40B is to allow local Zoning Boards of Appeals in different towns the ability to permit affordable housing developments. It allows for 20-25 percent of the units to be long-term affordable housing. The law also has a goal of 10 percent affordable housing overall per municipality. While this is just an overview, a Boston real estate lawyer can help explain the law in more depth.
There are many communities in the Boston metro area that have had mixed reactions about the decades old law. The Boston Globe reports that some towns have viewed Chapter 40B as something to be proactive about while other towns view the law as just another way for developers to profit from larger than needed projects.
Communities that have failed to meet the percentages outlined by Chapter 40B have claimed that the high land prices in the Boston metro area coupled with issues in the law itself are reasons why the law does not make much sense. For example, in the town of Dover, only 1 percent of homes and apartments are considered affordable under the state law. Dover Planning Chief Gino Carlucci told the Boston Globe: ""I think it would be difficult for Dover to reach 10 percent. It will be many years, if ever, before we reach it.''
Many opponents of the law claim that big developers come in to their towns under the guise of Chapter 40B and then reap major profits that should rightfully go back to the communities. Chairman of the Coalition to Repeal 40B John Belskis told the Boston Globe: "What kind of a law is it that allows people to come into my town and run over all my bylaws and conservation protections?''
In spite of the concerns of these opponents, there are others who point out that the repeal of such a law would only prevent the diversity of local communities. Sandra Hackman, chairwoman of Bedford's Planning Board said. "It can be distressing because developers can override local zoning. But it is really critical for the region to have enough affordable housing and diversity of housing. The region can't survive if housing is overpriced and no one can afford to live here.''
While the debate on Chapter 40B continues, there will still be many who need to live elsewhere because they can't afford to live in certain communities. While some of these communities argue over the losses that they incur over Chapter 40B, the losses of those people can be worse. Robert Bicknell, chairman of the Lexington Housing Partnership, told the Boston Globe: ""We have lost a lot of those people. It's the vitality, the soccer coaches, the Little League coaches, the people who make the town work.''
Related Resources:
- Candidate Ryan Fattman Rallies Against Chapter 40B (FindLaw's Boston Real Estate Law News Blog)
- Better Zoning and Planning Could Mean Less Foreclosures (FindLaw's Boston Real Estate Law News Blog)
- Call A Boston Real Estate Attorney (FindLaw)
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