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August 7, 2017

House debates smart-growth district guidelines

2020 Census data may lead to redistricting.

Around three dozen of the state's 351 cities and towns have adopted special zoning districts intended to encourage housing production, and a bill moving through the Legislature aims to make it easier for more communities to do the same.

The House on Thursday gave initial approval to a bill sponsored by Housing Committee Co-chairman Rep. Kevin Honan that would lower the threshold needed for a municipality to approve what state law describes as "smart growth" zoning overlay districts that allow for greater density and a higher percentage of affordable housing in certain locations.

Under a section of law known as Chapter 40R, cities or towns adopting such districts -- which can be sited in areas near transit or concentrated development -- are entitled to incentive payments from the state's Smart Growth Housing Trust Fund.

Establishing a 40R district requires a two-thirds vote of a local legislative body, such as a city council or town meeting. Honan's bill would change that requirement to a majority vote. 

The Massachusetts Association of Realtors supports the bill, believing the smart growth districts can help bring new housing units online more quickly.

"I think anything we can do to increase the use of 40R would be a benefit to the commonwealth," said Justin Davidson, the association's legislative and regulatory counsel. "Massachusetts has an incredible housing supply shortage, and I think 40R would help to build some of the much-needed units."

In testimony in favor of the bill, the Citizens' Housing and Planning Association wrote the two-thirds vote requirement is part of the reason 40R districts have been "underused" in Massachusetts. Lowering it would mean "more cities and towns could take advantage of this smart growth tool," the association said.

There are currently 38 fully approved 40R districts in Massachusetts, ranging in size from a third of an acre in Marblehead to an area of more than 186 acres in Ludlow, according to data from the Department of Housing and Community Development. Marblehead, Norwood and Reading each have two separate areas designated as smart growth districts. Statewide, 11 of the districts are within a half-mile of a transit station.

Twenty other lawmakers are signed on to Honan's bill as cosponsors.

A Senate bill with the same language sponsored by Sen. Linda Dorcena Forry -- who last session chaired the Housing Committee with Honan -- is before the Senate Ways and Means Committee.

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