GA Blog: Smart Growth

10.9.07 October 4, 2007 Legislative Breakfast

On October 4, 2007, NSAR hosted its second Legislative Breakfast in 2007. The event was attended by State Representative Doug Petersen (D-8th Essex), Tom Damario, Aide to Representative Robert Fennell (D-10th Essex), and Josh Harold, Aide to Representative Steven Walsh (D-11th Essex).

State Senate was in session, so unfortunately Senator Thomas M. McGee (D-3rd Essex & Middlesex) and Senator Richard R. Tisei (R-Middlesex & Essex) were unable to attend.

MAR Associate Counsel Margy Grant presented the Realtor® position on the following topics:

1. New proposed Transfer Taxes (S. 1776; S. 1773; H. 3959)
2. New proposed Lead Paint law (SB. 1230)
3. New proposed mandatory Seller’s disclosure in connection with environmental issues (H. 323, S. 201)
4. New proposed mandatory disclosures for real estate licensees in connection with Wetlands (H. 767)
5. Smart Growth funding for Chapter 40R (S. 132, H. 160)

NSAR and the Government Affairs Committee extends a sincere appreciate to the legislators who participated and to all those that attended.

9.26.07 Next Legislative Breakfast: Thursday, October 4, 2007, 8:30am

The next North Shore Association of Realtors® Legislative Breakfast will be held on Thursday, October 4, 2007, from 8:30am to 10:00am. All NSAR members who live in Lynn, Saugus, Lynnfield, Marblehead, Swampscott, and/or Nahant are encouraged to attend.

Topics will likely include:

1. Transfer Taxes.
2. An Act Protecting Children from Poisoning (SB. 1230)
3. An Act Providing Information to Real Estate Buyers. (H. 323, S. 201)
4. An Act Relative to the Disclosure of Wetlands on Property. (H. 767)
5. An Act Relative to Smart Growth Housing Trust Fund (S. 132) and An Act Relative to Financing the Smart Growth Housing Trust (H. 160).

Click here to registry of get more information.

9.20.07 September 20, 2007 Legislative Breakfast

This morning, NSAR sponsored its first Legislative Breakfast in 2007, attending by State Representative Theodore Speliotis (D-13th Essex), State Representative Joyce Spiliotis (D-12th Essex), Representative John Keenan (D-7th Essex), and Beth Murray, Aide to Senator Frederick Berry.

MAR General Counsel and Government Affairs Director, Steve Ryan, presented the five legislative topics on the agenda and gave the legislators the Realtor® position on each issue.

These issues included:

1. Transfer Taxes. Realtors® oppose real estate transfer taxes as bad tax policy for several reasons including: a community wide responsibility should be paid for by the entire community; a transfer tax is inequitable and discriminatory as it singles out a small segment of the population [specifically home buyers & sellers] to pay for a community wide need; a transfer tax is exclusionary because it would increase the cost of home ownership; a transfer tax would be an unstable source of revenue due to the instability of the real estate market; a transfer tax would subvert the Proposition 2 ½ override process; the state legislature has already given cities and towns many equitable tools to create affordable and workforce housing through passage of Community Preservation Act, Chapter 40B, and Chapter 40R and 40S.

2. An Act Protecting Children from Poisoning. Proposed legislation SB. 1230 would (a) require lead inspections on all sales of property, instead of at the buyer’s option; (b) require owners and sellers of property to abate lead in soil and tap water; and (c) require letters of compliance for rental units to be renewed every two years, regardless of whether children reside in the unit, or whenever there is a change in occupancy, if that is earlier.

3. An Act Providing Information to Real Estate Buyers. Proposed legislation H. 323, S. 201 is a little unclear but seems to suggest that a homeowner would be expected to review the databases of nearly a dozen different governmental agencies and then create some type of report or hire and pay someone to do it for them. It is not clear how many millions of dollars this could cost Massachusetts homeowners every year or that buyers and sellers could review this data and provide an accurate assessment of what implications, if any, information on one of these databases would have on a home.

4. An Act Relative to the Disclosure of Wetlands on Property. Proposed legislation H. 767 seeks to require that a real estate broker disclose to prospective buyers that a property to be sold may be in its entirety, or in part a wetland as defined in Chapter 131 of the General Laws of or any other regulation or local by-law of the municipality where the property is located. It is the Realtor® position that however well intentioned this proposal may be, it would create an impossible standard for real estate licensees to meet and generate confusion for consumers.

5. An Act Relative to Smart Growth Housing Trust Fund (S. 132) and An Act Relative to Financing the Smart Growth Housing Trust (H. 160). Realtors® support both these bills, as it would create a steady stream of revenue to support the continued success of 40R Smart Growth districts.

8.23.07 Haverhill enacts Chapter 40R "Smart Growth" Zoning Overlay District

In February 2007, Haverhill received Commonwealth final approval to transform its old shoe shop industrial area of downtown into a Chapter 40R zoning overlay district. According to the Massachusetts Department of Housing and Community Development, M.G.L. Chapter 40R, commonly known as “Smart Growth” encourages communities to create dense residential or mixed-use smart growth zoning districts, including a high percentage of affordable housing units, to be located near transit stations, in areas of concentrated development such as existing city and town centers, and in other highly suitable locations.

The specific area to be developed as Smart Growth are Wingate Street, lower Washington Street, Locke Street and Locust Street.

You can view the City of Haverhill’s Ordinance, here and here.

The rezoning makes it easier for developers to obtain permits to convert old buildings into new housing and new businesses, either as-of-right or through a limited plan review process akin to site plan review.
Upon state review and approval of a local overlay district, communities become eligible for payments from a Smart Growth Housing Trust Fund, as well as other financial incentives.

Haverhill’s passage of Chapter 40R earned it a mention in the Boston Business Journal.
Chapter 40R seeks to substantially increase the supply of housing and decrease its cost, by increasing the amount of land zoned for dense housing. It targets the shortfall in housing for low- and moderate-income households, by requiring the inclusion of affordable units in most private projects.

In a Chapter 40R zoning overlay district, investors can build mixed use projects − housing on the upper floors and retail on the first floor − provided they meet historic design standards.

Approval of Smart Group in Haverhill puts the city in line for a $600,000 one time bonus, and a bonus of $3,000 for each unit that is built in the area.

In order to alleviate the potential financial burden on cities and towns approving Smart Rezoning, the state legislature enacted Chapter 40S, which provides additional state funding, to cover the costs of educating any school-age children who move into such districts. This legislation was in response to the common concern that new housing was costly in terms of municipal finances, given the imbalance of tax revenues and service costs. Qualifying communities will be reimbursed for the net cost of educating students living in new housing in smart growth districts.

The Massachusetts Association of Realtors® Quality of Life Program produced an excellent pamphlet that Summarized Smart Growth and Zoning in Massachusetts. You can go to their website and/or request additional pamphlets for your offices and clients at http://www.maqol.org/.

You can also read more about Smart Growth on the National Association of Realtor®’s website at http://www.realtor.org/smart_growth.nsf.