Brookline Hits 10 Percent Affordable Housing, 40B Threshold

BROOKLINE, MA — More than 10 percent of Brookline's housing stock has been dubbed "affordable" by the state, giving the town back some control of zoning in the town.

"It's been a long time coming," said Town Administrator Melvin Kleckner. "And we've had a lot of significant projects and a lot of projects in our neighborhoods that some folks aren't happy about but hopefully from here on out some of these projects will be able to be a little bit more applicable for the neighborhoods for which they exist."

The town received word from the state Tuesday that 10.21 percent of its housing stock is affordable, according to Kleckner.

"This number is significant because 10 percent is the threshold for a community to to be relieved in many cases from the mandatory provisions of the state's Chapter 40B law," Kleckner told the Select Board Tuesday night.

The state's Affordable Housing Law allows developers to skirt local zoning laws, such as height and setback restrictions, if the developer dedicates 25 percent of the residential units as affordable. The law is part of the Massachusetts Comprehensive Permit Act, which was enacted in 1969 to address the shortage of affordable housing statewide by reducing barriers created by building, zoning and permit processes.

On the Town's website, 17 such projects are listed in various stages. At one point there were so many 40B applications Brookline officials had to appeal to the state for a reprieve so they could make their way through the applications and hold the required public hearings.

As of this week, there are 2,674 affordable housing units total count of 26,201.

Kleckner said being released from the provisions of 40B would not minimize the Town's commitment to affordable housing.

Applicants can still submit a 40B application, he said, but the Town is no longer bound by law to hold a hearing and can now deny a project outright if need be.

However, Kleckner said he thought in the spirit of wanting to promote affordable housing, the Town would continue to work with developers and find ways to listen to what developers proposed.

Select Board Member Raul Fernandez said the Town had a long way to go to ensuring the community has enough affordable housing.

"I'm hoping we don't take this as an opportunity to pop bottles and sit back," he said, noting that if the Town were to look back, it would likely see that the majority of affordable housing that exists now came from 40Bs or inclusionary zoning, thanks to developers.

"We've got to take the reins here," he said. "And I hope that this is moment that we can launch from and figure out how we want to build affordable housing in Brookline."

Previously:

Another Developer Proposes 40B Housing In Coolidge ...

Patch reporter Jenna Fisher can be reached at Jenna.Fisher@patch.com or by calling 617-942-0474. Follow her on Twitter and Instagram (@ReporterJenna). Have a press release you'd like posted on the Patch? Here's how to post a press release, a column, event or opinion piece.