Recently groups interested in preserving Chapter 40B have begun suggesting that the proposed repeal and reforms to 40B will greatly impact seniors and low income families. This is patently false and misleading. Chapter 122B and Chapter 40R provides for various agencies and housing authorities to build and provide permanent housing for seniors, low and moderate income earners, and disabled individuals - even though the State Auditor has reported that the Legislature has not fully funded them for several years.
The proposed changes would repeal an existing State law that allows a qualified organization or developer wishing to build housing the ability to circumvent local zoning laws and regulations that are often based on natural and man-made infrastructural limitations and the impact to local communities, by including government-subsidized housing that includes low and moderate income income units to apply for a single comprehensive permit, thus shortening the time needed to prepare a response to such proposals. Developers can force a City or Town to allow such developments even if the local ZBA denies the comprehensive permit as unreasonable and inconsistent with local needs such as the costs related to overcoming natural limits such as topography and the ability to supply water and treat waste.
Most low and moderate income based units included as part of such developments are phased out after a 20-30 year period and revert to market pricing. The time limits are favored by developers because sooner or later when the subsidized housing units revert to market pricing the State will insist that the local community allow new housing development and increase the population further to meet the latest State standard.
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