By Richard D. Vetstein, ESQ
58 Legislators Pushing Comprehensive Zoning Reform Bill - "Inclusionary Zoning" Provision May Expand Controversial 40B Law
With "Smart Growth" advocates strongly behind them, a cadre of Beacon Hill lawmakers are pushing a controversial bill that for the first time in 37 years would comprehensively overhaul state law governing municipal zoning, subdivision control, and planning. Proponents of the bill argue that stalled smart growth projects such as the new Assembly Square in Somerville (shown below) would be beneficiaries of the new bill.
The bill, H.B. 1859 - unprecedented in its scope and reach - would change Massachusetts zoning and land use law as we know it. Approval not required (ANR) plans and current variance review standards would be gone, while "inclusionary zoning" (another potential iteration of the state's conversional affordable housing 40B law) would be expanded along with the legality of "impact fees" - mandatory payments from developers to towns to mitigate development impacts.
The principal sponsor, Rep. Stephen Kulik, a Worthington Democrat unveiled the bill during an event this week at the Statehouse. Versions of this bill have been introduced before, but I have not seen so many legislators in support of the bill as before. Rep. Kulik said the goal is to pass the bill by the end of this year's formal legislative session on July 31, 2013.
A summary of the bill is as follows:
In my opinion, some of the provisions are great ideas such as providing a consolidated "one-stop shopping" forum for all permitting in a town, reforming the variance standards, and providing a dispute resolution forum for local disputes. Other provisions will be much more controversial such as the inclusionary zoning and impact fees. This is a sweeping change in Massachusetts zoning and land use law, and I will be monitoring it closely. Thank you to Attorney Donald Pinto at the Massachusetts Land Use Monitor for alerting me to the bill.
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Mr. Vetstein has represented clients in hundreds of lawsuits and disputes involving business, real estate, construction, condominium, zoning, environmental, banking and financial services, employment, and personal injury law.
In real estate matters, Mr. Vetstein handles residential and commercial transactions and closings. In land use, zoning, and licensing matters, Mr. Vetstein offers his clients an inside perspective as a former board member of the Sudbury Zoning Board of Appeals. Mr. Vetstein has an active real estate litigation practice, and was a former outside claims counsel for a national title company.
Drawing on his own business degree and experience, Mr. Vetstein assists his business clients with new business start ups, acquisitions, sales, contract, employment issues, trademarks, and succession planning. Mr. Vetstein also litigates, arbitrates and mediates a wide variety of commercial disputes.
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