October 12, 2010

Question 2--- my answer (YES)

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.

15 comments:

David Z. said...

Bill,

I have to say I'm still undecided on how to vote on this question. If 40B is repealed, doesn't it put even more pressure on our central cities to build additional affordable housing?

I think most of us agree that there is money being made with all of the affordable housing being built in Worcester. Wouldn't these same folks put political pressure on Worcester's Planning Board to drive even more projects offering 100% affordable units?

Although Worcester and the surrounding town's Planning Boards would be able to vote up/down these projects if the law is repealed, IMHO the towns would indeed reject them adding pressure back on the cities to "pick up the slack".

Bill Randell said...

Dave:

Good point and I got to admit I was thinking along the same lines.

First are already have pressure, whats a little more pressure?

More importantly, Dave I just don't think it is fair to basically leeave the towns powerless to these developments.

Just don't think that is fair. I am voting "yes"

Bill

Wyatt said...

Plenty of affordable housing now - look at the legal listing of foreclosures in the telegram - just not enough jobs.

Not temporary building jobs, or public sector paperwork jobs, but real, sustainable, wealth producing JOBS!

Housing prices will continue to go down, as people income (JOBS) is reduced. Affordable housing, without even trying, courtesy of the free market.

40B just increases the pocketbooks of some politically connected developers, at the expense of the town's (that may not be able to afford more lo-income growth right now).

As for Worcester - JUST SAY NO!

Local decisions, should be made LOCALLY! No more state mandates - the unseen consequences of mandates in healthcare 'reform', education 'reform', and other such nonsense are too much of a weight on our economy.

--Brad

Nick said...

Does the plight of these powerless towns get primo blog attention anywhere, or is not actually a big problem at all?

David's right on this, anyone who bemoans the state of affordable housing development in Worcester should see this 40B as one of the few disincentives to further development in the city. This is the only way in which the 10% figure is remotely important. A stance for repeal seems to place one in the position of being against affordable housing in general, rather than merely opposed to silly sans-parking projects concentrated in a handful of urban neighborhoods.

Wyatt said...

http://cf.telegram.com/town_portal_includes/display_full_blog.cfm?TOWN=West Boylston&id=607168

Or, google Jay Givan, West Boylston, 40B.

Jay's an old friend, since preschool, - and he's investigated the 40B issue in depth in West Boylston.

Actually, just remembered a neat slogan
Legislation without Investigation

How many lawmakers actually INVESTIGTE the seen and unseen consequences of their laws???

Jahn said...

Mike Obrien seems to be playing his 40b cards close to the vest which is proably a good idea.

I see consolidation/closing of one or more CDC type non profit low income housing dev'ers in the future? Bill I suggest if this happens that it goes right to the top of closed business list in all capital letters.

Nothing i'd love to see more than the 2 CEO titans of Worc's 2 premier low income housing builders have to compete with each other for survival or even better see both organizations go the way of the dinosoars.

Has anyone given any thought to Mike Obriens new CM contract and why the council seems to want to get it over and done with sooner rather than later? Most Worc happeings seem to occur later rather sooner.

NOT TO BE NEGATIVE...i call it being realistic........but I see CM MOB having to make huge cuts in the coming couple of years and thats why the council wants to lock him in now (for up to 5 yrs compensation?) so they can blame him when the inevitable bloodletting begins which may in fact coincide with the 2011 city council campaign season? I am sure there must be other politically motivated reasosn a political novice like myself is unaware of

Jahn said...

I am voting to keep 40b, in the hope the towns are forced to pick up the slack. i.e. their 10%

With Worc's Zoning board basically rubber stamping any variances for low income housing....40b almost becomes a moot issue in Worcester. Then therre also overlay districts that can possibly facilitate more low incone in Worcester.

I mean Worc has been well above the 10% 40b threshold for years now and look at the damage that low income housing costruction continues to cause to Worc's demographics w/o having even use 40b.

Worc has been above the 10% threshold for yrs now, yet low income housing continues to proliferate. I mean who needs 40b to go NOLO in Worcester with folks like Joe Obrien at the helm as figurehead mayor...schilling for more poor people to inhabit the city to keep Jim Mcgovern ensconced as my supposed congressman/representative.

Low income housing In West Boylston going in across the street from the Franklin Manor ...just beyond the WallY World store. soo.....what came first in W. Boylston, the Walmart store or low income housing. $4.6M in state money alone...kinda cramped onto the site but no where near as bad as Worc Coommon Grd on Piedmont St or May St. Stay tuned for possible sewer leaks onto Piedmont St..not that aint enuff human debris in the area already :)

Jahn said...

Gesssh ..now I read the Umass Nurses are at it again.

RN's making 108,000 for a 12 hour per day, 3 day work week...that's 36 hours per week total for all you Worcesterites...crying every 3 years for more dinero.

Paulie's Point of View said...

there is no reason for three CDC's to be operating within District Four..the Chandler Street Business Association has been whispering this for awhile now...I have a feeling that Worcester Common Ground moved there offices to 5 Piedmont instead of Chandler Streer & Piedmont because of the friendlier crowd down there to his adventures and to be closer to them...Teasdale, Charette & Patton all must be wondering who goes first and second...who has the better ties to the Main South Cabal

Jahn said...

There s/b one non profit CDC type low income housing dev'er in Worcester, if at all. Worc has fulled its NOLO mission and beat the standards by 40%.

I sometimes wonder where the Worc Property Owners Ass'n is re: these CDC's. It does still exist once a month over on Mill St??

And you Chandler B.A. guys invite the enemy into your encampment to break bread and make nice talk. It is not about who is a nice guy and who isnt.......it's about the survival and expansion of Worc's middle class.

Jim Mcgovern and Jim Mcgovern only is responsible for the overabundance of low income housing in Worc. Jim is 110% responsible for what ails Mason St. Did jim bring along Deval's Labrador for the once a decade trip to VOP and Worc's Inner city?

Pualie, WCG moved from Belleview St? That used to be a doctors office about 15 years.

David Z. said...

Jahn said, "I mean who needs 40b to go NOLO in Worcester with folks like Joe Obrien at the helm as figurehead mayor..."

According to several sources reported in Worcesteria in this week's Worcester Mag, Konnie Lukes is planning on running for Mayor again. Methinks she will do much better against Joe O'Brien than last time out.

Jahn said...

David, Konnie would be good again, anyone but Joe.

The guy is a Mcgovern clone and lets us never, ever forget that it was Mcgoverns brainchild for Deval to run for governator.

Anything McGovern touches gets screwed up. None of the above 3 pols, IMO have never had real managerial experience and all have probably never been on a private sector payroll and summer jobs do not count.

Sad part is that Worc employee labor unions will probably be the deciding factor in the next mayoral race.

I warned all of you folks about Joe a year ago and my warning was based only on simple fact that man had and/or was working for Mcgovern. Some wanted to hear him out and/or give him a chance. Where I come from you dont give the enemy(real or perceived)any cahnces nor the benefit of the doubt.

Deval, Mcgovern, and now Joe are all trojan horses, undermining anything that is good for Worcester & Massachusetts.

Deval should take his dog Toby and his other canine, lapdog pal, Cahill, and be relgated to the Berkshires.

Joe should take his bicycle and his carbon footprint and slowly ride his Schwinn to Konnie's next inauguration.

Mcgovern should take his socialistic views to Havana and stay there.

Also, Murray should go back to practicing law. If deval goes down in flames in 3 weeks, we should start a poll to see where people think Murray will eventually land? Lead counsel for Saint Gobain Industries??

BTW what are the latest poll #'s on the Mass gov race?

Paulie's Point of View said...

Senor Pedro Jahn...you always act like Wild Will has his tongue in one ear and mine in the other of Mayor JObie & Congressman McGovern....this is the F'N problemo with both sides....open communication still goes along way...you wanna live in a cave:>) yer decision..

Jahn said...

You can communicate with Mr Mcgovern our congressman and registered member in good standing of the socialist party. But if you think he's heeding what you're saying, then I think you re sadly mistaken.

He is Worc's worst enemy. He' s resposbile for what goes on next door at two-two-four. He's responsilbe for the Mess on Mason. He's responsible for what inhabits Main South. He's responsilbe for 1/2 million dollar, 1,100 sq ft low income apts.

You cant straddle the fence. If you're against what he represents for Worcester, then you shouldnt be breaking bread with him. He'll be outta here in another 3 weeks anyway, not to be seen until he's up again for re election.

Sorry, but I have always considered you and Wild Will more street smart than that. Even if he gets you some make over money for the Chanlder district.

Senor Pedro Jahn said...

You know I am sitting here thinking now....this entire 40b debate is almost useless. Why? It is not enforced anyway, esp. where it s/b enforced....the towns and suburbs.

Unenforced laws area waste of ink and trees. What good is a 65 Mph speed limit if 75+ mph is completely acceptable? What good is a nuisance ordiancne if plugged-in players are immiune to it. WHat good is a code enforcemtn dept that allows the likes of #244 proliferate?

40b obviously doesnt have to be enforced in Worcester as we already have ingrained mechanisms in place to build virtually unlimited low income housing:

a. a willing ZBA
b. a consenting city council
c. a Pinko commie mayor
d. an abundnce of CDC bldrs
e. a thirst for Washgntn money
f. an abundance of sites
e. pols who need the NOLO vote
f. an EONS that cares only about low income hoods.


I mean Worc is the perfect storm for low income housing.

I am still voting to keep it. It's the only hope to spread NOLO housing to the suburbs.