Cardinal Bernard Law, head of the Archdiocese here, recently released a study conducted by the Center for Urban and Regional Policy at Northeastern University that states that 78,000 units of affordable housing will be needed in the Boston area over the next five years. Law has been increasingly vocal in his support of Chapter 40B.
Mayor Thomas M. Menino is also committed to supporting this law. "The mayor is very supportive of 40B," Howard Leibowitz, director of intergovernmental relations in the mayor's office, tells GlobeSt.com. "Unless and until there is such a time that communities comply and develop more housing that families can afford, we need to have it in place."
Leibowitz adds that the mayor has recently filed legislation at the statehouse to create a Massachusetts Housing Development Authority to provide technical assistance to communities looking to build affordable housing. The mayor also filed legislation that would penalize communities that have not developed affordable housing by charging a fee for noncompliance.
"We want to have a dialogue with these communities that have not met those obligations," says Leibowitz. "If you're a small community you don't get the aid or the staff that the city gets so we want a state authority that can provide that expertise." Opponents of Chapter 40B object to its ability to allow developers to circumvent town zoning laws. According to the law, a developer can appeal to the state Housing Appeals Committee if a local zoning board of appeals has rejected his or her plans for a residential project. If that community has not met its required 10% of residential units being affordable and if the developer's proposal contains a certain percentage of affordable units, the project can be granted a permit that will allow it to be constructed.
"If developers are abusing the law, it should be looked into," notes Leibowitz. "But the basic principle of Chapter 40B is a principle that should stay. The mayor is unwavering in his belief that every community should do its share in terms of affordable housing."
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