Housing deal gets popular
Towns just hope state ponies up aid
Developers who might want to build a mix of apartments and stores in Brockton's struggling downtown now can do so without getting any special zoning permits.
The city revamped its zoning this summer by approving a new district under Massachusetts General Law Chapter 40R, the state's three-year-old initiative aimed at promoting smart growth and affordable housing. The state promises cash to communities that use the law, and Brockton is now eligible for a $600,000 incentive grant.
"It looks like a win-win for the city," said Brockton City Planner Nancy Stack Savoie. "We are looking at this as a way of setting the table for new development in downtown Brockton. We have great hopes for 40R."
The 2004 law, which was regarded with suspicion at first by local officials, is finding growing support in the south suburbs.
But local and state officials are watching closely to see if the Legislature replenishes a fund that has provided the monetary incentives to help persuade local governments to adopt Chapter 40R.
Kingston and Plymouth adopted Chapter 40R districts this year near their Old Colony commuter rail stations. Last year, Lakeville established a 40R district next to the Middleborough/Lakeville station on the Old Colony line, while Norwood created a district at a closed church property in South Norwood center.
Statewide, 40R districts have been adopted in 15 cities and towns and are being considered in about a dozen others.
Chapter 40R was designed as a kinder, gentler alternative to Chapter 40B, the so-called anti-snob zoning law that forces cities and towns where less than 10 percent of the housing stock is deemed affordable to accept new housing development. Chapter 40B essentially overrides local zoning regulations.
Chapter 40R is a voluntary program, which rewards municipalities that create zoning districts that encourage affordable housing near public transportation, existing city and town centers, and other desirable areas. Cities and towns qualify for up to $600,000 just for adopting a district, then $3,000 for each building permit issued.
Cities and towns were reluctant at first to embrace the law because they were not sure the state would come through with the promised rewards. The first communities to adopt the law did get their payments, but in recent weeks the flow of money has slowed.
The fund established under former governor Mitt Romney's administration to supply the incentive payments is almost empty, and officials in some communities have been told they will have to wait for payments until a new revenue source is found.
Governor Deval Patrick's administration recently proposed funding the program with $15 million from state revolving housing loan accounts. The proposal is now pending before the House Ways and Means Committee.
According to those involved with the issue, the state needs to resolve the funding question soon, or cities and towns will shun the program.
"It has been our assumption that the state would make good on its obligations," said Ted Carman, a Boston consultant who helped draft the 40R law and now advises cities and towns. "If they don't, all of this will stop."
State Senator Robert L. Hedlund, a Weymouth Republican and member of the Legislature's Housing Committee, said, "I wouldn't think it would be in the state's interests to scare off communities."
Officials in south suburban communities that have adopted Chapter 40R said they are not worried about the funding question.
Kingston Town Planner Thomas Bott said state officials have assured him that the $600,000 Kingston qualified for has already been set aside. "The check is in the mail, as they say," Bott said.
In April, Kingston voters approved 1021 Kingston's Place, a 730-home development on a former gravel pit next to the commuter rail station.
Lakeville, which was one of the first towns in the state to adopt a 40R zone, already received $350,000 for approving a 204-unit apartment and condominium project next to its rail station. The developer has started clearing the lot for the project. Not far from this development, a shopping plaza is being planned for the closed Lakeville State Hospital property.
"The town of Lakeville has done a wonderful job of planning in this area," said state Representative Stephen R. Canessa, a New Bedford Democrat who represents part of Lakeville and previously served on the town's School Committee. "By encouraging this kind of development near the station, you can keep the character of the rest of the town intact."
Not a great deal of money is at stake in Norwood's project, which is the smallest 40R district in the state. The town approved the zoning for three-quarters of an acre on St. George Avenue, allowing a developer to convert a closed church property to 15 apartments.
Norwood Town Planner Stephen Costello said the town received $10,000 when it adopted the zoning, but is still waiting for the $3,000 per unit the town is due.
"We have asked the state for the money. We'll remind them on a regular basis," Costello said.
Plymouth is now eligible for $600,000 after adopting a 40R district that will allow 675 residential units at Cordage Park, a former industrial area in the north end of town.
Plymouth Planning and Development Director Lee Hartmann said money was not the reason the town created the zoning district. The project will benefit the community and further its development goals, according to Hartmann. "If we get money, it's an added benefit," he said.
Plymouth will file for the money shortly, according to Hartmann. "I've been told the Plymouth money is reserved and it will be there when we put in for it," he said. "I guess we'll find out."
Robert Preer can be reached at preer@globe.com. 