by iwd Tina | Apr 14, 2022 | Housing News
On April 14, 2022, the Baker-Polito Administration announced affordable housing awards for 15 projects located in 14 communities across the Commonwealth. According to the Governor’s press release, the awards will produce or preserve 697 rental homes with 479 affordable homes designated for low-income households and another 150 homes for extremely low-income households.
The Department of Housing and Community Development awarded approximately $63 million in subsidy funding to the 15 projects. DHCD also awarded federal and state low-income housing tax credits, which are expected to generate over $200 million in equity to support new construction and rehabilitation of existing housing.
As described in the press release, the following projects received awards:
Affordable Housing Awards
Mildred Hailey Building Phase 1A is one phase of a larger transit-oriented redevelopment initiative which will transform the massive campus formerly known as Bromley Heath in Jamaica Plain. The sponsor is the non-profit The Community Builders, selected for the redevelopment initiative by the Boston Housing Authority. DHCD will support Mildred Hailey Building Phase 1A with federal and state low-income housing tax credits and subsidy funds. The city of Boston and the BHA also are supporting the project with local resources. Completion of Phase 1A will result in 100 total units. Seventy-six units will be affordable to households earning less than 60 percent of the Area Median Income, with 17 units further restricted for households earning less than 30 percent of AMI, and in some cases, transitioning from homelessness. DHCD’s support for Mildred Hailey Building Phase 1A is in addition to committed funds for Phase 1B of this important redevelopment initiative and a $4 million MassWorks Award in 2021 to support street and utility improvements.
Rindge Commons Phase 1 is a new construction transit-oriented project located in Cambridge. The sponsor is the non-profit Just-A-Start. When completed, the project will offer 24 total units and retail space. All 24 units will be reserved for households earning less than 60 percent of AMI, with three units reserved for extremely low-income households earning less than 30 percent of AMI. DHCD will provide federal low-income housing tax credits and subsidy funds in support of Ridge Commons Phase 1. The city of Cambridge will support the project with local funding. The sponsor intends to build the project to Passive House standards.
Chester Commons is an occupied 15-unit rehabilitation project located in Chester’s town center. The sponsor is the non-profit Hilltown Community Development Corporation. DHCD will provide subsidy funds to support the historic rehabilitation of Chester Commons, with an emphasis on accessibility for tenants with disabilities. All 15 units will be reserved for individuals or small households earning less than 60 percent of AMI, with four units further restricted for extremely low-income individuals or small households earning less than 30 percent of AMI.
Fitchburg Arts Community is a historic adaptive re-use project located in Fitchburg. The non-profit sponsor is NewVue Communities. DHCD is supporting the project, located in proximity to the Fitchburg Art Museum, with federal and state housing tax credits and subsidy funds. The city of Fitchburg will provide its own funds in support of Fitchburg Arts Community. When complete, the project will offer 68 total units. Forty-seven units will be affordable to households earning less than 60 percent of AMI, with 14 units further restricted for households earning less than 30 percent of AMI.
The John J. Meany Affordable Housing development located in Gloucester is a new construction project specifically for senior residents. The sponsor is the YMCA of the North Shore. DHCD is supporting the project with federal and state low-income housing tax credits and subsidy funds. The city of Gloucester will provide funds of its own in support of the project. When the John J. Meany Affordable Housing is complete, the project will offer 44 total units with support services. All 44 units will be affordable to seniors earning less than 60 percent of AMI, with eight units further restricted for seniors earning less than 30 percent of AMI.
Library Commons 2 is a 41-unit scattered site project located near downtown Holyoke. The sponsor is the non-profit Way Finders, Inc. DHCD will support the project with federal and state low-income housing tax credits and subsidy funds. The city of Holyoke will also provide funds in support of Library Commons 2. When complete, the project will offer 41 total units, all of which will be restricted for families earning less than 60 percent of AMI. Eighteen units will be further restricted for extremely low-income families earning less than 30 percent of AMI.
Island Parkside Phase 2 is a new construction project located in Lawrence. The sponsor is the non-profit Lawrence Community Works, which will develop and own 40 rental units built to Passive House standards. SquashBusters will secure financing to develop the ground floor of Island Parkside Phase 2 as squash courts and ancillary space. DHCD is supporting the 40 rental units with federal and state low-income housing tax credits and subsidy funds. The city of Lawrence also will support Island Parkside Phase 2 with funds of its own. All 40 rental units will be restricted for households earning less than 60 percent of AMI. Eight units will be further restricted for extremely low-income households earning less than 30 percent of AMI. The sponsor intends to build the project to Passive House standards. Construction is just beginning on nearby Island Parkside Phase 1, also sponsored by LCW and supported by DHCD. In addition, EOHED provided a 2020 MassWorks award to support the development.
950 Falmouth Road is a new construction project located in Mashpee. The sponsor is the nonprofit Preservation of Affordable Housing. DHCD will support the project with federal and state low-income housing tax credits and subsidy funds. The town of Mashpee will support the project with funds of its own. When completed, 950 Falmouth Road will offer 39 total units. All 39 units will be affordable to households earning less than 60 percent of AMI, with six units further restricted for households earning less than 30 percent of AMI. The sponsor intends to build the project to Passive House standards.
117 Union Street is a new construction project located in downtown New Bedford. The sponsor is the New Bedford Development Corporation. DHCD will support the project with federal and state low-income housing tax credits and subsidy funds. The city of New Bedford will support the project with funds of its own. When construction on 117 Union Street is finished, the project will offer 45 total units. Thirty-two units will be reserved for households earning less than 60 percent of AMI, with eight units further restricted for households earning less than 30 percent of AMI.
Knox II is a historic adaptive re-use project located in Springfield. The sponsor is Gordon Pulsifer of First Resource Development. DHCD will support Knox II with federal and state low-income housing tax credits and subsidy funds. The city of Springfield will support the project with funds of its own. When construction on the long-vacant building is completed, Knox II will offer 41 total units. All 41 units will be affordable to households earning less than 60 percent of AMI, with six units further restricted for households earning less than 30 percent of AMI. In addition to supporting Knox II, DHCD awarded funds in 2021 to Knox I, which is expected to begin construction.
Van Der Heyden is a historic rehabilitation project located in Springfield. The sponsor is Valley Management, Inc. DHCD will support the project with federal and state low-income housing tax credits. The city of Springfield will support the project with funds of its own. When construction is completed, Van Der Heyden will offer 45 fully rehabilitated units, all of which will be affordable to households earning less than 60 percent of AMI. Eighteen units will be further restricted for households earning less than 30 percent of AMI.
Littleton Drive Family is a new construction project located in Wareham. The sponsor is Pennrose. DHCD will support the project with federal low-income housing tax credits and subsidy funds. The town of Wareham will provide funds of its own in support of the project. When completed, Littleton Drive Family will offer 49 total units. Thirty-nine units will be affordable to households earning less than 60 percent of AMI, with eight units further restricted for households earning less than 30 percent of AMI. Littleton Drive Family will be constructed adjacent to Littleton Drive Senior, which received awards from DHCD in a previous rental funding competition.
Maple Woods is a new construction project for seniors located in Wenham. The sponsor is the non-profit Harborlight Community Partners. DHCD will support the project with federal and state low-income housing tax credits and subsidy funds. When completed, Maple Woods — zoned through Chapter 40B — will offer 45 total units with services for seniors. All 45 units will be affordable to seniors earning less than 60 percent of AMI, with eight units further restricted for seniors earning less than 30 percent of AMI.
Helena Crocker Residences is a new construction project for seniors located in Westford. The sponsor is Stratford Capital Group working in partnership with the non-profit CHOICE of Chelmsford. DHCD will support the project with federal low-income housing tax credits and subsidy funds. The town of Westford will support the project with funds of its own. When completed, Helena Crocker Residences will offer 18 total units with services for seniors. All 18 units will be affordable to seniors earning less than 60 percent of AMI. Sixteen units will be further restricted for extremely low-income seniors earning less than 30 percent of AMI.
153 Green Street is a new construction project located in Worcester. The sponsor is Boston Capital. The project is located in close proximity to Worcester’s new Polar Park and will contribute significantly to the ongoing revitalization of the neighborhood. DHCD will support 153 Green Street with federal and state low-income tax credits and subsidy funds. The city of Worcester will support 153 Green Street with funds of its own. When completed, the project will offer 83 total units. All 83 units will be affordable to households earning less than 60 percent of AMI, with 14 units further restricted for households earning less than 30 percent of AMI, and, in some cases, transitioning from homelessness.
by iwd Tina | Mar 31, 2022 | Housing News
CHAPA’s Comments on Draft Guidelines for MBTA Communities submitted to the Executive Office of Housing and Economic Development on March 31, 2022.
Dear Secretary Kennealy,
On behalf of Citizens’ Housing and Planning Association (CHAPA), I am writing to share CHAPA’s comments on the draft guidelines to implement Section 3A of M.G.L. Chapter 40A, the state’s Zoning Law.[1]
CHAPA is pleased that the draft guidelines meet this historic moment by creating a path forward for producing the 200,000 homes the Commonwealth needs by 2030 and allowing for continued growth to meet our needs in the future. The draft guidelines prioritize the creation of new homes close to public transportation and ensure communities make decisions about where they will guide development. The draft guidelines also emphasize equity and fair housing by providing more choice through a diversity of housing types while requiring new housing to be suitable for families with children. These principles are critical to meet growing demand and plan for the homes we need at all income levels so that every community can prosper.
CHAPA respectfully submits the following comments to help ensure that the final guidelines remain as strong as possible for creating new opportunities for everyone to have an affordable home in the community they choose.
Prioritizing Affordable Housing
CHAPA asks that the final guidelines be amended to prioritize and emphasize housing affordability. CHAPA recognizes that zoning remains a key barrier to creating affordable housing. Section 3A will open up the opportunity for more affordable housing development by creating zoning in communities to allow multifamily housing as of right. However, the guidelines should be amended to state that housing affordability is a priority and to make it easier for MBTA communities to both comply with Section 3A and create affordable housing.
The Governor signed Section 3A into law to produce new, high-density, mixed-income housing near public transportation.[2] The guidelines should explicitly include this goal to create housing affordable across all incomes. In order to achieve this, CHAPA suggests that language be added to Section 3 of the guidelines, General Principles of Compliance. Specifically, the first bullet under Section 3(b) should be amended to:
- “All MBTA communities should contribute to the production of new, mixed-income housing stock.”
The third bullet under this same section should also be amended to:
- “MBTA communities should adopt multi-family districts that will lead to development of multi-family housing projects of a scale, density, character, and affordability that are consistent with a community’s long-term planning goals.”
This added language acknowledges that MBTA communities should take into consideration the creation of affordable and mixed-income housing when implementing the requirements of Section 3A.
The guidelines should also be amended to explicitly state that 40R affordable overlay districts will meet the requirements of Section 3A. Massachusetts is fortunate to have Chapter 40R as an existing zoning tool for MBTA communities to use that complies with Section 3A, provides additional resources to communities and their schools, and increases our supply of affordable housing.[3]
Many of the provisions of Section 3A parallel Chapter 40R. For example, 40R overlay districts must meet certain smart growth characteristics, including as of right densities of at least 20 units per acre for multifamily housing, and location requirements for the district to be, in most cases, within a ½ mile of a transit station.
Recognizing that a 40R district of the appropriate size will allow an MBTA community to comply with Section 3A would provide certainty and resources to these communities. Specifically, CHAPA suggests amending the guidelines in the first sentence of the second paragraph of Section 5(a) to: “An overlay district, including an overlay district for multifamily housing created under Chapter 40R, is an acceptable way to achieve compliance with Section 3A…”
Technical Assistance offered to communities to help implement Section 3A should also include information on all available tools and resources available to create affordable housing in these multifamily districts. For example, communities should be encouraged to adopt inclusionary zoning bylaws in order to ensure that some portion of any new multifamily housing created in these districts includes affordable housing. Technical assistance could include model inclusionary zoning bylaws and support drafting an inclusionary bylaw that meets the unique needs of each community.
Massachusetts has a variety of existing resources and funds that can help create affordable housing in these new zoning districts. These include, but are not limited to: American Rescue Plan Act Fiscal Recovery Funds; locally controlled funds from the Community Preservation Act or municipal affordable housing trusts; Chapter 40R; and capital resources dedicated to creating transit-oriented affordable housing. Information on these resources should also be provided to communities as they implement Section 3A.
Ensuring Compliance
CHAPA asks that the guidelines be amended to reflect that all MBTA communities must comply with Section 3A and that compliance is not optional.
As the law states, “An MBTA community shall have a zoning ordinance or by-law that provides for at least 1 district of reasonable size in which multi-family housing is permitted as of right…”[4] As the Department of Housing and Community Development (DHCD) recognizes, “the word ‘shall’ indicates that the legislature intended to require all MBTA communities to have a multi-family zoning district.”[5]
In order to achieve this, CHAPA asks that the third paragraph in Section 1 of the guidelines be amended to, “The purpose of Section 3A is to require encourage MBTA communities to adopt zoning districts where multi-family zoning is permitted as of right, and that meet other requirements set forth in the statute.”
Also, CHAPA asks that the third bullet in Section 3(b) of the guidelines be amended to:
- “MBTA communities shall
should adopt multi-family districts that will lead to development of multi-family housing projects…”
The guidelines should also include that a potential effect of noncompliance may extend further beyond not being eligible for certain state grants and that a community could become subject to other legal liability. Specifically, CHAPA asks that Section 11 of the guidelines be amended to add, “Section 3A indicates that the legislature intended to require all MBTA communities to have a multi-family zoning district. Failure to comply may result in other legal liability.”
CHAPA also asks that the guidelines be strengthened regarding the Governor’s authority to withhold other state discretionary awards based on the compliance of an MBTA community with Section 3A. CHAPA appreciates that DHCD includes in the guidelines that DHCD may, in its discretion, take non-compliance into consideration when making other discretionary grant awards. However, these other grant awards should not be limited to only those administered by DHCD.
All state infrastructure and development-related funding should be prioritized for communities that zone for multifamily housing and that have effective inclusionary zoning in place, invest in affordable housing, establish 40R districts, or have additional policies in place that support long term affordable housing.
Under an existing Executive Order, the Governor has the authority to consider a city’s or town’s housing policies and practices when distributing development-related discretionary awards.[6] According to Executive Order 215, “It should be the general policy of all state agencies not to award discretionary funds to cities or towns which have been determined to be unreasonably restrictive of new housing growth.”
CHAPA asks that Section 11 of the guidelines be amended to include a reference to Executive Order 215 and to expand the list of state discretionary grants that an MBTA community may become ineligible for if it does not comply with Section 3A.
CHAPA suggests the following change to the last sentence of Section 11:
“Under Executive Order 215, all state agencies DHCD may, in their its discretion, take non-compliance into consideration when making other discretionary grant awards for development related assistance. Development related assistance may include, but is not limited to: economic development assistance; open space and recreation funds; technical assistance grants; municipal access improvements; transportation improvements; conservation land grants; elderly housing; sewer and water system grants; parking facility funds; convention center facility grants; federal grant funds for development-related activities; and the review of federal grant applications for development assistance.”
Producing New Homes
CHAPA asks that the final guidelines be amended to evaluate the unit capacity of a district based on the number of new homes that could feasibly be built to determine compliance rather than allowing existing zoning capacity to lessen the impact Section 3A. While CHAPA applauds communities that have had multifamily zoning on the books for many years, our need for new homes continues to grow. Allowing already built-out districts to count toward satisfying the requirements of the new law, as described in Section 5(b) of the guidelines, would undercut efforts to ensure every community is doing its part to meet demand and provide homes for current and future residents, and result in the guidelines falling far short of the intent of 3A, which is the creation of new homes.
Achieving Housing Choice, Equity, & Fair Housing
CHAPA asks that the guidelines be amended to remind and educate MBTA communities that the new zoning districts must advance housing choice, equity, and fair housing. The Legislature passed Section 3A to increase housing choices in MBTA communities, particularly for families with children. Any new zoning should also increase equity by creating homes accessible to persons of all races, ethnicities, abilities, and incomes. Section 3A should be used to redress the racial inequity and disparate impacts of longstanding housing practices that have excluded people from many communities in the Commonwealth, including policies that continue to this day. If new zoning enacted in accordance to Section 3A does not allow for this, then housing choice has not been achieved.
MBTA communities must also follow all federal and state fair housing laws. CHAPA hopes that communities will consider how any new multifamily zoning district will further fair housing goals and avoid displacement or other negative impacts. Communities could look to Boston’s recently enacted affirmatively furthering fair housing zoning bylaw that requires an assessment of a development’s impact on the community.[7]
To help achieve this, CHAPA suggests that the guidelines be amended to add the following bullet to Section 3(b):
- “MBTA communities must adopt multi-family districts that are suitable for families with children. MBTA communities must follow all federal and state fair housing laws when implementing Section 3A in order to protect against housing discrimination and practices that disparately impact protected classes.”
Creating Truly Accessible and Transit Oriented Housing
CHAPA asks that the guidelines be strengthened to ensure that new zoning districts are not simply transit-adjacent but truly transit-oriented. The core objective of Section 3A will not be met if new districts are functionally inaccessible because of distance, unsafe infrastructure, inaccessible entry points, or lack of sidewalks or safe crossing to transit stations. Through these guidelines, DHCD should aim to create “15-minute neighborhoods” that prevent sprawling patterns of development and encourage more compact village style development.[8] Compactness is an essential element of successful transit-oriented development, enabling residents to get to nearby amenities and the transit stop, and reducing reliance on cars in all aspects of daily life.
Partnering with MBTA Communities
CHAPA asks that the guidelines be amended to explicitly include that the state recognizes its role as a partner to support MBTA communities as they implement and comply with Section 3A. We appreciate that the state, through DHCD and the Massachusetts Housing Partnership, has already begun to offer technical assistance and guidance to MBTA communities.[9]
CHAPA hopes that the state continues to develop even more robust technical assistance that may include resources like model bylaws for a compliant multifamily zoning district, best practices, fair housing training, or more specific technical assistance for communities facing specific challenges such as sewer capacity.
In order to recognize this partnership between MBTA communities and the state, CHAPA asks that the guidelines be amended to add the following bullet to Section 3(b):
- “DHCD and other state- and quasi-state agencies will, to the greatest extent possible, provide support through technical assistance for MBTA communities as they implement with Section 3A.”
Preventing Loopholes
CHAPA asks that DHCD prevents communities from using loopholes that may frustrate the purpose of Section 3A. DHCD should, in its process of determining compliance, take into consideration whether an MBTA community may have unreasonably limited its multifamily zoning district. Examples of this may include, but not be limited to: the use of conservation or historic preservation districts; resident selection preferences; siting on brownfields; unduly burdensome parking requirements; or infeasible inclusionary zoning requirements.
Clarifying Questions
CHAPA also asks that the guidelines or other information provided by DHCD be updated to include answers to clarifying questions as MBTA communities implement Section 3A. These clarifying questions include, but are not limited to:
- The definition of “bus station” and whether the following would qualify as a bus station:
- Bus depot or service facility; or
- Bus shelter along a bus line with frequent service (i.e., 3–4 times per hour) express service to Cambridge, Boston, or other job center.
- Whether senior housing can be built in these districts.
- Who determines what “adequate wastewater infrastructure” is for the purposes of designating “Developable Land”.
- What is included under the term “Discretionary permit or approval” when it comes to determining whether the zoning is truly “as of right”.
- How DHCD will analyze proposed districts for compliance and economic feasibility.
- How sustainability features can be built into a project that is in a MBTA district, and through what process.
- Additional guidance on how Site Plan Review and Site Plan Approval can be incorporated.
- Whether a community may incentivize certain types of housing (i.e., larger 3+ bedroom units or senior housing), understanding that the underlying zoning cannot restrict housing that is suitable for families with children.
- How Section 3A will interact with Historic Overlay Districts and whether a zoning district will still be considered by-right if historic review or approval is required.
Offering additional clarity around these areas will make it easier for communities to understand and comply with the new law.
Conclusion
We know what is at stake if we do not meet this moment. Housing will continue to get more expensive. More people will be priced out of the neighborhoods they love. Embracing multifamily housing protects our environment, improves our overall health, and strengthens our local economies. It gives current and future residents more choice in where they want to live while remaining connected to their networks, their jobs, and essential resources. The new state law, together with these guidelines, provides the opportunity for our communities to grow stronger and healthier.
Thank you for the opportunity to comment and for your consideration. Please do not hesitate to contact me with any questions.
As always, thank you for your leadership in helping everyone in the Commonwealth have a safe, healthy, and affordable home in a community of their choice.
Sincerely,
Rachel Heller
Chief Executive Officer
[4] M.G.L. Ch. 40A, Sec. 3A(a) (emphasis added).
