Politics & Government

Maylor Pushes for 40B Changes

Is the law causing burden to the town?

When North Andover's legislators met with the Board of Selectmen Monday night, one topic that came up was a real estate. Not the rising home prices in town, but rather a state law that allows developers to build massive housing complexes to fill an affordable housing quota.

The current 40B law is burdening communities, Town Manager Andrew Maylor said, and he'd like to see it changed.

Chapter 40 B of the Massachusetts General Laws requires 10 percent of a town's new units be affordable -- a certain price/rent below the median home value or rental rate -- and it also allows developers to work around local zoning bylaws by making a certain percentage of units affordable.

While no specific development was mentioned, there is currently a battle over such a proposed development along Berry Street near Route 114. Residents in that neighborhood have formed a united front against North Andover Holdings LLC, which plans to construct more than 200 apartments there.

Maylor is seeking the help of State Reps. Jim Lyons and Diana DiZoglio and State Sens. Bruce Tarr and Kathleen O'Connor Ives in changing that law to count approved-yet-vacant units.

"With 40B, one of the real struggles for us is that we don't count units toward the total until not only they're permitted but occupied," Maylor said.

So if there is one development proposed and going through the permitting and construction processes, another developer can jump in with their own 40B project and the first developer's affordable units don't count toward the town's total. And they also don't count if they are not yet occupied, so that second developer can jump in even after the previous 40B development is complete, with the affordable housing unit totals not updated to match reality.

"If you count all of the affordable housing, we exceed 10 percent," Maylor said.

Also, many low-priced condominiums don't count, even if they've lost value from the market collapse and are now less expensive than many newer units deemed affordable.

"I would argue some are even below what is countable [as affordable]," Selectmen Chair Rosemary Smedile said. "I think we need to bear in mind all of the affordable units. People with condos are competing and losing value on their condos."

The lawmakers in the room said they would look into what can be done. There is a hearing on the matter set for Oct. 22 on Beacon Hill.

"We just want a fair opportunity to count not only those units that are occupied but also ones coming down the pipeline," Maylor said.

What are your thoughts? Discuss in the comments below.


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