Chapter 40R / Smart Growth Zoning Districts (SGZD)
Contact
For more information contact Planning at (617) 972-6417.
Background
- Adopted into law via the FY 2005 State Budget
- Intended to increase the development of housing in the Commonwealth consistent with Smart Growth Principles
Principles of Smart Growth
- Mixed use
- Increase affordable housing (20%)
- Compact design
- Creates distinctive / attractive communities
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- Preserves open space / natural resources
- Strengthens existing communities
- Provides variety of transportation choices
- Encourages collaborative process
| Incentives
- Zoning incentive payment upon adoption of district (up to $600,000 based on potential number of units)
- Density bonus payments of $3,000 / unit when Building Permit is issued
- Favorable treatment when applying for Commonwealth Capital Funds (CCF)
Process
- Designate an area for consideration as a SGZD and hold a hearing
- Make application to the Department of Housing and Community Development (DHCD)
- DHCD makes preliminary determination
- Town adopts zoning and submits evidence of approval
- DHCD issues final approval, including total value of incentives
Eligibility Requirements
- Appropriate location (consistent with smart growth principles)
- Proposed district may not exceed 15% of total land area
- 20 units per acre for Multifamily Housing
- 20% of the units must be affordable in projects greater than 12 units
- Allows “as of right” residential development
What is Affordable?
- Affordable units are reserved for families or individuals at 80% or less than the area median income
- The median income for a Watertown family of four is $82,600
- Income guidelines for the affordable units at 80% of median income:
- One person - $46,300
- Two person - $52,950
- Three person - $59,550
- Four person - $66,150
Benefits
- Allows communities to address housing needs and achieve c. 40B thresholds
- Can be used to identify preferred locations to direct development
- Can be used as a tool to preserve open space (up to 10% of developable land)
- $$$
Concerns
- Possible repayment of incentives if a project is not developed within three years of adopting the zoning
- Loss of local control by granting the State discretion over part of the Zoning Ordinance
- Financial incentives may not exceed related development costs
Next Steps
- Draft Regulations will be available January 14 on DHCD’s website
- Public Hearings: February 18
- Ideal for further discussion during Comprehensive Zoning Update
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