
Not In My Back Yard
1 year ago
This film examines a very controversial Massachusetts's law called The Comprehensive Permit Law, commonly referred to as Chapter 40B. It allows a builder/developer to by-pass almost all of a town's local zoning, if the builder agrees to make a small percentage (20-25%) of the units built, affordable according to state guidelines. The law has stirred great controversy regarding density, state vs. municipalities rights, profit abuse and defining just who should control the fabric of a community, the state or its citizens. It has a deep ideological component and has set neighbor against neighbor. The law has been pilloried by the Massachusetts Inspector General, who states the cities and towns are owed approximately 100 million dollars- over 40 years- by unscrupulous developers who hid profits made over the 20% profit limit required by the statute. The supporters of Chapter 40B state it is the only mechanism with which to provide affordable housing in one of the most exclusionary [zoned] states in the country.
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I agree with him on the deed restriction issue @ 18:11 with respect to the "affordable unit owner" not being able to capture any appreciation. I do not agree with the issue of the market rate rental unit subsidizing the affordable rate unit to the detriment of the market rate tenant..
The concern that a zoning board should not be the entity permitting these programs is unfounded , since they must consult with other boards, commissions and committees and have the authority to hire a 53G consultant at the expense of the owner/developer. Do not forget the planning board members are either appointed or elected and come from the same pool of people that serve on a ZBA. The planning board has no inherent advantage over a ZBA.