Growing Smart:Chapter 40R A New Tool for Communities Presented by Sarah B. Young Deputy Director for Policy January 7, 2005 Jane Wallis Gumble, Director

State Perspective on c. 40R Planning tool to promote lower cost housing, to stem sprawl and create vibrant communities. Encourages mixed use, directs growth to areas near transit, optimizes existing infrastructure, and protects open space. Appropriate for suburban, rural and urban communities.

Statutory Framework “A principle of land development that emphasizes mixing land uses, increases the availability of affordable housing by creating a range of housing opportunities in neighborhoods, takes advantage of compact design, fosters distinctive and attractive communities, preserves open space, farmland, natural beauty and critical environmental areas, strengthens existing communities, provides a variety of transportation choices, makes development decisions predictable, fair and cost effective and encourages community and stakeholder collaboration in development decisions.” [M.G.L. ch. 40R, §1]

Statutory Framework Allows local option to adopt Overlay Districts near transit, areas of concentrated development, commercial districts, rural village districts, and other suitable locations Allows “as of right” residential development of minimum allowable densities Provides that 20% of the units be affordable Allows Mixed Use and Infill Provide two types of payments to municipality Encourages open space and protects historic districts

Key Components ELIGIBLE LOCATIONS 1.Within 1/2 mile rapid transit or commuter rail station, bus or ferry terminal. 2. In an area of “concentrated development”. 3. Highly suitable location.

Key Components SIZE OF DISTRICT  Proposed districts can’t exceed 15% of total land area. Aggregate land area of all districts can’t exceed 25% of total land area.  In a district less than 50 acres, up to 10% of developable land may be included as open space; or 20% in districts with more than 50 acres of developable land (not counting land for the open space)

Key Components ALLOWABLE DENSITY Up to 8 units per acre for single family homes Up to 12 units per acre for 2-3 family homes Up to 20 units per acre for multifamily housing

Key Components AFFORDABILITY The Smart Growth Zoning bylaw must include mechanisms to insure that 20% of the total residential units constructed in the district are affordable. 20% of the units in projects having more than 12 units must be affordable. Not less that 25% of the units in a project exclusively serving the elderly, the disabled or for assisted living.

Key Components INCENTIVE PAYMENT Incentive UnitsPayment Up to 20$10, $75, $200, $350, or more$600,000

Key Components DENSITY BONUS PAYMENTS $3,000 for each residential unit issued a building permit

Key Components Example: District would allow an additional 250 units to be built. Incentive payment = $350, Permits are issued for 3 developments 36 units x $3000 = $108, units x $3000 = $36, units x $3000 = $240,000 Density Bonus Payment = $384,000 TOTAL PAYMENTS TO MUNICIPALITY=$734,000

Steps to Create a District 1.Municipality holds a public hearing on the whether the Smart Growth Zoning should be adopted. 2.The Municipality submits an application to DHCD prior to adoption of the zoning. 3.DHCD makes a preliminary determination whether the application satisfies the requirements and issues a Letter of Eligibility. 4.The Municipality may proceed to adopt the zoning subject to any modifications required by the Department. 5.Upon adoption of the Smart Growth Zoning, the Municipality submits evidence of approval. 6.DHCD issues a Letter of Approval which states the number of Incentive Units and the amount of the payment from the Smart Growth Trust Fund.

Benefits Expands planning efforts under E.O. 418 Allows communities to address housing needs Allows communities to direct growth Can help meet 10% threshold under c. 40B Can be part of a planned production plan that achieves the 10% goal on a gradual basis Can be used to identify preferred locations for 40B developments $$$

Conclusion Draft Regulations will be available January 14 on DHCD ‘s Website: Public Hearings: February 16 – W. Springfield Town Hall February 18 – Boston, 100 Cambridge St.

Contact Information DHCD 100 Cambridge Street Boston, Massachusetts Phone: Facsimile: