Should we repeal 40B?
YES!! Let me explain what 40B is. 40B is a tool available to developers, but they can only utilize it if, only if the underlying Town/City has less then 10% affordable housing, to get project approval. Since most cities, like Worcester, have more then 10% affordable, designating a project 40B is not available in cities. It is, however, it is a tool for developers in the surrounding towns that have not reached the 10% affordable housing level; for example:
Why would a developer want a project to be 40B?
ANSWER: They are able to circumvent any. and all, of the local zoning regulations as long as 25% of the proposed units are considered "affordable", under auspices that it will help reach the magical 10% level. Although some of these projects may be called "friendly" 40B projects on the surface, the truth is that there is not much the planning boards in these towns can do to stop or change any of these projects once they are deemed 40B. Why? The developer can simply go to the state and have any decisons of the local planning board reversed.
Even worse, a developer, who maybe never intended to have any "affordable" units, may actually include 25% "affordable" units to just bypass the local board. There is a great story in the
Milford Daily News how Fafard Development was trying to build a 100 unit project (none affordable) in Bellingham that was rejected. They came back and made 25 units "affordable" and called it a 40B project and there is not much the local planning board can do. Here is a great quote from the Chairman of their local Planning Board Patricia Buckley, "Whatever comments we make, the (the developer) does not have to abide by them."
For more information on repealing 40B,
click here.
A "YES" vote on Question 2 has absolutely no effect on Worcester since 40 B, since it is not available now!!!!! It will, however, give power back to local planning boards (mostly towns), who do not meet the current 10% threshold.