Massachusetts housing and economic officials say
that a lack of affordable housing poses a crisis that threatens to
accelerate the flow of jobs and residents to other states, as well
as a collapse in housing prices.
But legislation passed two
years ago providing incentives under the Smart Growth Zoning and
Housing Production Act is slowly gaining momentum as a tool for
towns to add affordable housing stock.
The provisions of
Chapter 40R, passed by the state Legislature in July 2004, allow
communities to create zoning overlay districts for mixed use and
higher residential density than existing zoning. The provision also
gives communities one-time incentive payments from the state for
creating the zoning, incentive payments up to $600,000 and a
one-time bonus payment of $3,000 per unit.
Smart-growth zoning is
generally targeted at downtown areas and those in close proximity to
public transportation.
A related piece of legislation,
Chapter 40S, provides state funds to make up for added school costs
related to smart-growth development.
On Tuesday, Lunenburg
town meeting voters approved the creation of an overlay district for
the proposed Tri-Town Landing, to be built on the 8.7 acres on
Youngs Road, currently the site of a drive-in theater. The state
will review the town meeting article for ratification within 45 days
before the developer, Massachusetts Housing Opportunity Corp. of
North Andover, works with the town planning board for its permits.
“There’s a lot of advantages to it,” said Marion M. Benson,
Lunenburg planning director. “It increases the range of affordable
housing. It utilizes compact design, and you plan attractive
communities.”
Tri-Town Landing will have 204 apartments, all
of which will be classified as affordable, or within the means of
those earning less than 80 percent of the median income.
Construction could begin next spring, with the first units occupied
the following year.
“The community has much more of a
relationship with this,” Ms. Benson said. “It’s located specifically
on a site that is appropriate. It gives incentives. The town will
get almost a million dollars from the state. It makes it more
cost-effective. It includes the community as a stakeholder.”
Advocates of 40R say it is preferable to Chapter 40B
housing, also known as comprehensive permit projects. The Chapter
40B law, enacted 37 years ago, allows developers to skirt local
zoning bylaws if 25 percent of the project is designated as
affordable.
Developers can file 40B projects in communities
that have not met the statewide goal of having 10 percent of its
housing stock deemed affordable.
Developments characterized
as affordable often draw opposition from neighbors who fear their
property values will go down, or that the development will attract
welfare or subsidized tenants. Chapter 40B proposals are viewed with
skepticism, if not hostility, because of the affordable component,
as well as the fact that local government has little control over
what gets built.
Michael Ivas, executive vice president of
Massachusetts Housing Opportunity Corp., said his company worked
with the town on the project, and that it could supplant 40B as the
vehicle to build affordable housing.
“The advantages are
clear,” he said, looking over the Tri-town plans in a model unit at
Chocksett Crossing, a 45-unit condominium project his company is
building under Chapter 40B in Sterling.
“Our company has
done a number of 40Bs. One of the biggest advantages is that it
gives control back to the communities. That’s what people are
frustrated about. Local boards are outside the loop (with 40B). It’s
(40R) basically going back through the normal processes. It puts
control back into town hands, where it belongs. There’s a great
incentive for towns to create overlay zoning. Smart growth is the
way to go in blighted areas or places with (public) transportation.”
He pointed out that Tri-Town Landing is near a public bus
line and a short distance to two commuter-rail stations and
shopping. Both 40B and 40R provide needed affordable housing for the
state, which is 47th in the nation, per capita, in annual building
permits.
Massachusetts also uses, on average, more land per
dwelling — 0.9 acres — than any other state. Large-lot zoning does
not preserve open space, but instead encourages sprawl, housing
officials contend.
“There are no towns in the commonwealth
that have apartments by right,” Mr. Ivas said. “We scream about our
children not being able to afford to live there. We’re doing it to
ourselves. When you have zoning that requires 2-acre lots, it means
sprawl. There is no such thing as a starter home anymore.”
Restrictive zoning and permitting, along with
“not-in-my-backyard” opposition, keep affordable housing at a
premium, housing advocates and developers say. High housing costs
are driving people, including highly paid professionals, to areas of
the country where housing is more affordable, according to research
by Barry Bluestone, director of the Center for Urban and Regional
Policy at Northeastern University, and a co-author of 40R
legislation.
He said that prior to the Lunenburg project,
five 40R projects in the Eastern Massachusetts have gone through
local permitting and have been accepted by state Department of
Housing and Community Development. They will contribute 1,500 units
of housing, with at least 20 percent, or 300, being sold as
affordable units, he said.
All 204 apartment units at
Tri-Town will be designated as affordable, and will not be sold as
condominiums in later years, Mr. Ivas said.
“Nobody wants to
be first, except a few pioneers,” Mr. Bluestone said. “I expect
we’ll see more stepping forward. I’m encouraged by what I’ve seen.
... I hope it will catch fire now.”
Another 25 or so 40R
projects are being proposed around the state, he said. One of those,
the proposed 72-unit Moose Pond condominium project on Wilson Street
in Spencer, is in the process of a public hearing before that town’s
board of selectmen. The hearing resumes at the July 10 meeting,
which begins at 7 p.m. The proposal calls for 20 percent, or 15
units, to be designated as affordable.
The 40R legislation
came about when Mr. Bluestone’s Center for Urban and Regional Policy
was approached in 2000 by Paul Guzzi, chief executive officer of the
Greater Boston Chamber of Commerce, and Cardinal Bernard Law, who
asked the center to do a study of the growing housing crisis, Mr.
Bluestone said.
At that time, the state had undergone five
consecutive years of double-digit housing appreciation, which was
pricing people out of the market, he said. The 1990s brought a
buoyant economy, but with restrictive zoning and NIMBY complaints,
demand was exceeding supply, resulting in below-normal vacancy rates
for homes and apartments.
“It drives prices up,” he said.
“We estimated that, generally, Greater Boston had to increase supply
by 30,000 units over the next five years to bring the vacancy rate
to normal levels.”
But further study showed that despite
rising prices, the number of new housing units was decreasing, he
said. The business community and housing advocates got together, and
out of it came series of meetings, resulting in a request for
legislation to overcome zoning obstacles to housing construction, he
said.
The 40R legislation was drafted by Mr. Bluestone and
Eleanor White of the Commonwealth Housing Task Force and Ted Carmen,
president of Concord Square Development Co. Inc. The Chapter 40S
school insurance funding portion was removed in conference committee
before it was signed by Gov. Mitt Romney, but passed as separate
legislation in December, he said.
Sen. Harriette L.
Chandler, D-Worcester, who sponsored the 40S legislation, said it
gives even more incentives for communities considering smart growth
development.
“I am hoping communities will take advantage of
it, as it offers incentives to build affordable housing,” she said.
“They can take advantage of this, knowing that there is money
involved so that educational costs are covered.”
The 40S
school funding is a key component, Mr. Ivas said.
“There is
a whole mantra about schoolchildren and costs,” he said, referring
to the fear of overcrowding schools with new residential
development. “I’ve talked with about 40 towns along (Interstate)
495, and all they talk about is school costs. They permit over-55
units, but there are more empty over-55 complexes than you can shake
a stick at.
“Towns are reaping what they sow. 40-R will be
the way to go. I’m very excited about it. Towns can control their
own growth,” he said.
Mr. Ivas said there are not enough
buyers for homes on the market costing $500,000 and up. He said
there are areas in Central Massachusetts with $1 million homes.
“Mass. General Hospital can’t recruit physicians because of
the price of housing,” he said. “People in their 40s and 50s grew up
with a range of housing, apartments, triple-deckers. If you think
the problem of affordable housing will be solved with what’s here,
it won’t. There’ll be a housing crash.”
He cited studies
that show that affordable housing projects do not lower the values
of nearby residences, and took issue with the NIMBY characterization
of affordable-housing buyers as undesirable.
“These are not
people who collect bottles and cans outside the public library,” Mr.
Ivas said. “These are people who make $45,000 to $55,000 a year. We
don’t even call it ‘affordable,’ we call it ‘median income’ housing.
“Older people in the community get it. They’re involved.
They know towns are like organisms; they grow or die. It’s the
newcomers who arrive and want to pull the drawbridge closed. They
don’t want to see anything built,” he said.
Mr. Ivas warned
that 40R is not for everyone, as it involves a complicated process
to meet the state’s smart-growth criteria. But other communities and
developers are watching the first ones to see what happens, he said.
“These are getting a lot of attention,” he said. “The state
is interested in making this work outside of Route 495. They know
that if it’s going to work, they’re going to have to step up to the
plate.”
Mr. Bluestone said the effort that went into 40R and
40S can be used on other issues.
“This is a good model for
getting good legislation through,” he said. “Use universities to get
research done. Build a solid coalition around it. Get disinterested
parties together. You then use that capability to formulate a
legislative solution to the problem.
“Use the coalition to
fight hard to make sure it gets legislative support for it. I think
it can be used for other issues: health care costs, funding early
childhood education,” he said.
Contact business reporter
Martin Luttrell by e-mail at
mluttrell@telegram.com.