Forum reviews ‘smart growth’ housing progress

A Boston Foundation forum on May 30 discussed the future of “smart growth” housing in Massachusetts and the first decade of the Chapter 40R program, the state’s dense housing development policy.

Chapter 40R is a voluntary program with direct and indirect benefits for municipalities, according to William Reyelt, principal planner for smart growth programs at the Department of Housing and Community Development.

To participate, a municipality must adopt a smart growth zoning overlay district. For housing development within the overlay zone, at least 20 percent of the units must be affordable. Development within the district is as-of-right, including densities of at least eight single-family units per acre, at least 12 two- or three-family units per acre, and at least 20 multifamily units per acre.

The adoption of 40R gives municipalities a preference for state discretionary funds, including the MassWorks infrastructure grant program. Additionally, the state’s Planning Assistance Toward Housing program for technical assistance opened for applications in July, with a pool of $600,000.

Across the state, there are 33 40R smart growth districts in 31 municipalities, with three additional districts pending. These districts are zoned for more than 12,000 housing units, with 2,186 already built or currently under construction.

Reyelt noted that 40R is a vehicle for prompt and predictable permitting, which is attractive to developers.

Rep. Kevin Honan, chair of the Legislature’s Joint Committee on Housing, concurred.

“[Chapter] 40R brings civility to development,” he said. “It needs to be done in a smart, civil way.”

Honan emphasized the importance of Chapter 40S for funding the additional costs of new students that may come with the creation of dense housing developments.

Lisa Alberghini, president of the Planning Office of Urban Affairs, commented on the 40R development process in Haverhill with which she was involved. The smart growth overlay district was planned by the city as part of a larger vision for its redevelopment process. It revitalized downtown in a central business district, preserved and rehabilitated mill space, and reinvigorated the streetscape. Recently, two additional overlay districts were created to further promote development.

The city received a $600,000 benefit for starting the district, Alberghini said, and the district has spurred other desirable projects. She also noted that there is far less risk than average for developers of 40R projects, because a timely process saves on costs.

Attorney Adam Costa, with Blatman, Bobrowski and Mead, emphasized that a public hearing process is an important part of the creation of a 40R smart growth district, while this often does not occur under Chapter 40B, the state’s affordable housing law. He noted that municipal control of location is a key aspect to 40R, while with 40B, a developer chooses a site and the municipality is put in more reactive position.

Further, 40R includes an opportunity to adopt design standards, Costa noted. With 40B, if a zoning board of appeals rejects a proposal during site plan review, a lengthy appeals process follows.

Chapter 40R allows flexible waiver options for zoning standards. It also offers significant financial benefits to host municipalities, with state payments of $3,000 per incentive unit (each unit beyond could have been built without a 40R overlay district). Some municipalities have received up to $2 million in these incentives, Costa said.

For more information on the state’s 40R smart growth program or PATH grants, visit www.mass.gov/hed/economic/eohed/dhcd.