The high cost of housing in Massachusetts is cited as one of
the major factors inhibiting economic growth. As a result, the
Commonwealth has put increased pressure on municipalities to
provide greater opportunities for the construction of affordable
housing through the use of Chapter 40B. At the same time, however,
new legislation offers incentives to municipalities to permit
development of affordable housing through use of Chapter 40R
(Smart Growth Zoning). Kopelman and Paige is a leader in all
areas of affordable housing, from assisting towns with developing
tools for their affordable housing initiatives to providing
counsel to local boards that have denied projects for failure
to address local concerns. Our services include:
• Working with municipal boards, commissions, officials,
and staff to understand a community's rights, obligations, and
authority in the development of affordable housing.
• Assisting with the creation of community based affordable
housing trusts, affordable accessory unit, by-laws, and transfer
of municipal land for development of affordable housing.
• Assisting in all stages of the G.L. c. 40B process,
including review of applications; attendance at hearings of
Board of Appeals; coordination of expert consultants; negotiation
of project revisions; drafting of decisions; and, if necessary,
representation before the Housing Appeals Committee, as well
as before the Land Court, Superior Court and Appellate Courts.
• Assisting in negotiating and obtaining the approval
of smart growth overlay districts under the new Chapter 40R,
including two of the first three districts approved by the
Commonwealth in North Reading and Plymouth.
• Assisting in the design and facilitation of municipality-sponsored
affordable housing, including coordination of expert consultants;
obtaining of local, state, and federal permits; and completion
of grant applications.
• Assisting in post-approval review and enforcement of
affordable housing conditions, including the drafting of regulatory
agreements and use restrictions; coordination with subsidizing
agencies; and auditing of project costs and revenues.
• Assisting in drafting of inclusionary housing ordinances
and by-laws.
Kopelman and Paige helps municipalities develop novel approaches
and innovative solutions to affordable housing and smart growth
initiatives. Our attorneys have been instrumental in devising
new municipal strategies to respond to G.L. c. 40B projects
which exhibit shortcomings. It is a commonly held misconception
that cities and towns are without any power in responding
to c. 40B projects that will adversely impact local concerns
but our work in this area has allowed cities and towns to
obtain increased leverage. Simultaneously, we have been successful
in engaging the development industry in meaningful debate
and negotiation that has resulted in a marked improvement
in the quality of c. 40B projects.
We are also active participants in the implementation of Chapter
40R and its regulations on the state level, and have been
since it was first enacted. Our attorneys continue to be deeply
involved as projects make their way through the regulatory
process and as interpretations of this new statute continue
to evolve. Through our experience representing municipalities
on Smart Growth projects and our involvement in industry organizations
such as the Massachusetts Bar Association, the Real Estate
Bar Association for Massachusetts, and the Massachusetts Municipal
Association (MMA) we have taken a leadership role in c. 40R
projects.
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Affordable Housing