Norfolk Learns About 40B

On April 30, over 100 residents attended a forum to learn about Chapter 40B, the state’s affordable housing law. The town may soon be dealing with as many as seven different affordable housing projects.
The forum, dubbed “Community Conversations,” was sponsored by Action Together Western Norfolk County (ATWNC), a non-partisan group that works to support political and social action. Norfolk resident Tamara Dalton, the organization’s founder and regional director, said the forum’s goal was to provide information for residents about the state’s affordable housing law and its potential impact on Norfolk, especially before the town election, which was held on May 2. The election included a contest for the town’s planning board.
Moderated by Norfolk resident and attorney Jason Talerman and held at the town’s public library, the discussion focused on the various avenues by which towns can try to fight the 40B statute, or influence how affordable housing projects are developed once they are underway. Talerman has practiced municipal law for close to twenty years.
“There was a need within our community to have some education about what 40B is and to make sure we got that information from somebody who really had nothing to gain through any regulations that exist,” explained Dalton. “We wanted to make sure the electorate knew as much as they could about a very complex subject before the town election.”
Chapter 40B was developed in 1969 as a way to streamline development projects that include affordable housing units in towns and cities that have less than 10 percent affordable housing. Opponents believe the law has become a tool developers use to override local zoning restrictions, thereby maximizing profitability by creating high-density units in areas where they would not normally be allowed. Critics argue that Chapter 40B, also known as the “anti-snob zoning act,” has become burdensome for small communities like Norfolk.
The planned affordable housing units in Norfolk will be located at Meetinghouse Village (Meetinghouse Rd.); Boyd’s Crossing (Main St.); Village at Norfolk (Rockwood Rd.); the Preserve at Abbyville/Abbyville Commons (Lawrence St.); Lakeland Farms (Cleveland St.); the Enclave (Village Green); and Lakeland Hills/Lakeland Commons (Seekonk St.).
“None of us are against affordable housing,” emphasized Dalton, “but we are very opposed to predatory developers taking advantage of the loopholes.”
Dalton’s group was formed after the November presidential election. From an initial gathering of 30 people, ATWNC now numbers 450 people of all political stripes. About 150 of those members are from Norfolk.
“We are non-partisan but progressive,” said Dalton. “We care about other human beings, we care about education, we care about healthcare, we care about the environment. That shouldn’t be a partisan stance.”
Despite various attempts over the years to repeal the 40B statute, it’s unlikely the law will go away any time soon. Instead, experts suggest towns figure out ways to achieve “safe harbor” status and thereby win protection from further development.
One way to work towards safe harbor status is to have a housing plan in place. In July and September, Norfolk will hold two community workshops geared towards updating the town’s Housing Production Plan, which has lapsed.
According to Ray Goff, Norfolk’s town planner, the town has hired JM Goldson, a consulting firm specializing in community preservation and planning. Goff says Norfolk residents are encouraged to attend the workshops, scheduled for July 17 and September 14, from 7 to 9 p.m., location to be determined. The July meeting will focus on community needs, goals, and development criteria. The September meeting will discuss strategies and potential development sites.
Dalton agrees a housing plan is an important weapon in the fight against bad developments.
“The most crucial thing we can do now is urge our town selectmen and planning boards to have a plan in place. A plan is the only way we don’t get taken advantage of as a town,” she noted. One of the goals of ATWNC, she says, is to encourage residents to become involved and participate in local politics.
“We’re not spearheading opposition to the developers,” stressed Dalton. “We’re spearheading community involvement and education to get people to go to any planning board meetings, any town meetings, to make sure they understand the things that are coming down the pipeline and are fully informed and are part of the process.”
She adds, “Whatever you believe politically, just be educated and be active in your local town politics so that you know what’s going on. That’s the most important thing right now.”
Action Together Western Norfolk County will meet next in Canton on June 12 at 7 p.m. The meeting will be held at the Canton Community Theatre and Massachusetts State Senator Mike Barrett (D-Lexington) will be speaking about his carbon pricing bill (S-1821). For more information about ATWNC, visit www.facebook.com/ATMAnorfolkareaadmin/.
The Community Conversations housing forum was filmed by Norfolk Cable Access TV. Visit www.norfolkcable.com to view the meeting.