In June, the Executive Office of Housing and Livable Communities (EOHLC) released draft regulations regarding the Commonwealth’s Starter Home Zoning Districts Program (the “Program”). The Program was originally part of the Smart Growth Zoning statute, G.L. c. 40R, but the Legislature codified it as a separate statute, G.L. c. 40Y, in 2022.
Following the draft regulations’ release, EOHLC noticed a public comment period that ran from June 26 to July 25. CHAPA submitted written feedback to EOHLC on the proposed regulations last Friday. In these comments, we discuss how the Program—which encourages municipalities to zone for more “as of right” development of smaller, entry-level homes—has major potential to expand and diversify the Commonwealth’s housing stock. We also emphasize that the proposed regulations will play a vital role in encouraging municipalities to adopt starter home zoning districts, especially given that the previous iteration of the Program failed to garner meaningful engagement from cities and towns. To avoid that outcome this time, we advise EOHLC to streamline the compliance process and reduce administrative burden on participants.
CHAPA’s comments also applaud two key provisions EOHLC included in the draft regulations: a mandate for clear and flexible building design standards; and a rule permitting municipalities to “incentivize … additional affordability.” These terms will foster development in starter home districts and enable deeper affordability than Chapter 40Y requires, both of which will go a long way toward reducing the harmful effects of the Commonwealth’s housing shortage. The comments conclude by suggesting minor tweaks to these two provisions to make them even stronger and maximize their impact.
CHAPA looks forward to continuing to work with EOHLC and the Healey/Driscoll Administration on the implementation of Chapter 40Y and other efforts to build the homes Massachusetts and its residents need to thrive.