Town joins housing law resistance

Franklin has joined more than 20 other communities statewide in pressing for a moratorium on construction of certain affordable housing projects built under the state's Chapter 40B law.

Walpole selectmen started the campaign, arguing in a letter to all communities that cities and towns should have more control over "unfriendly" 40B projects.

Under 40B, developers can bypass most local zoning in communities where less than 10 percent of the housing stock is categorized as affordable, if they promise to reserve a portion of their projects for affordable housing. Some projects win favor with town officials; those that don't have been dubbed "unfriendly."

In Franklin, Town Council members reviewed the Walpole letter and, with a minimum of discussion, voted to support it, said Jeffrey Nutting, the town administrator.

"We'd like to have a timeout and get everyone around the table," said Nutting, saying that the town has reached the required 10 percent affordable housing threshold but still faces a lawsuit from a developer who challenges the town's calculations and wants to build a Chapter 40B project.

"No one is against affordable housing, but this approach is outmoded," he said.

Walpole was inspired to take action when 500 new housing units were proposed in the town or just over the border in Sharon over a period of about 5 years.

"The intent of the law, to provide affordable housing, is not what's being questioned here," said Michael Boynton, Walpole's town administrator. "It's the motivation of some to sidestep home rule and local planning to bring about a profit."

Senator James Timilty, a Walpole Democrat, has filed legislation at the town's request seeking a three-year moratorium while a special commission would study the law and recommend changes.

"This is a common-sense approach to questions raised across the Commonwealth," said Tim O'Neill, Timilty's chief of staff. "Every community has expressed grave concern over the effectiveness of Chapter 40B, because it's difficult to get to the 10 percent threshold and it strips communities of their ability to implement their own 'smart growth' planning initiatives."

The decades-old law was studied by a governor's task force in 2003, resulting in an amendment that lets towns making progress in adding affordable housing to stave off some projects.

Milford selectmen agree that the law needs to be reexamined, Chairman William Buckley said in an e-mail, but the board declined to support Walpole, saying the wording wasn't clear enough.

Buckley said the affordable housing law is applied unevenly, hitting towns like Milford hard.

"Some communities are being disproportionately challenged with 40B projects simply because of their proximity to major roadways and infrastructure. This leaves a community like Milford, with 6.9 percent affordable housing, fending off poorly conceived 40B proposals when surrounding communities with 1 to 2 percent affordable housing never see proposals, simply because there is no water, sewer, or access to a major highway," Buckley said.

Aaron Gornstein, executive director of the Citizens Housing and Planning Association, which is a strong backer of the 40B law, said legislators file bills every year in an attempt to stop unpopular affordable housing developments but overall, the law has been successful in creating much-needed housing across the state.

Developments created under the law typically contain 125 rental units or 25 owner-occupied units, with about a quarter of them affordable. They're not mega-developments, Gornstein said.

Abutters generally complain, he said, regardless of the number of housing units planned.

"Town elected officials have to listen to those vocal abutters," he said. "However, in most cases, the developers work closely with the towns and the 'unfriendly' aspects of the projects tend to get negotiated in the permitting process."

With Chapter 40B encouraging affordable housing, about 50 cities and towns have reached the 10 percent threshold of affordable housing.

Alison O'Leary Murray may be reached at amurray@globe.com.