Chapter 40B, the State’s so called anti-snob zoning law, is under renewed attack. The Boston Globe has run a story detailing a renewed effort to repeal the law by a group formed for that purpose.
On Monday, John Belskis, founder of the Coalition for the Reform of 40B, went to the office of the attorney general to begin the process of getting an initiative to repeal the law on the November 2008 ballot.
The Globe story has the usual suspects weighing in on both sides of the issue. Belskis is quoted as saying
“It’s a developers’ welfare program that doesn’t really create affordable housing,” he said yesterday. “It just doesn’t work.”
On the other side of the question…
But 40B supporters, — a group that includes politically connected real estate developers, lawyers, and bankers — say the law encourages the building of critically needed lower-cost housing in a state where housing costs are out of reach of working-class people.
“Without 40B, there would be a lot less affordable housing,” said Paul Wilson, a lawyer who has represented dozens of 40B developments.
Repealing 40B, he said, would be a bad idea.
And so a statewide petition drive is launched. Chapter 40B has had changes made administratively, as well as legislatively. Without question it has created housing stock that would not have existed in its absence. And yet in so many cases it is a burr in the saddle of local officials, (like me) who have to deal with the ramifications of these developments. The state needs to overhaul this law or scrap it entirely. If the State or proponents of Chapter 40B don’t like suburban zoning then let them legislate mandatory prohibitions on what they consider to be the most objectionable aspects. I look forward to the day that the state actually pays for the additional financial burdens that their policies impose on municipalities. From a planning perspective this law is a disaster, and that judgement comes despite my acknowledging that many of the objections raised to specific developments are solely NIMBY driven. The financial regulations attached to 40B have also been made swiss cheese out of, with locals having to face the questions on the failures of the financial audit process. When the State sets up a set of financial conditions and then winks and nods at blatant violations of those very requirements confidence is not built in the system. Time to start fresh!
Read the Globe story at this link.