#40r

[fritzysstoreone]

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[urbandevelopmentlaw-blog]

My friend Matt Saldana chose to live in Haverhill's Hamel Mill development because it was offered a convenient location.  His girlfriend works in Portsmouth, NH while Matt plods away as a 1L at Boston University Law - taking the commuter rail adjacent from his apartment building.   The developer of Hamel Mills, Forest City Boston, found the recently passed 40R legislation (Smart Growth) and brought it to the City of Haverhill's attention during the pre-development process.

Under 40R the developer gets an easier approvals process and the project's necessary zoning density, on the condition that 20% of units are affordable to residents at 80% of Area Median Income or lower.  That's $45,100 in Haverhill for a single person which qualifies a range of careers (teachers, students, nonprofit workers, etc).  The city government receives a "zoning incentive payment" based on the number of units - in this case the maximum $600,000 - and an additional $3,000/unit built.  Often times City Council eyes the new money coming in for other purposes which ideally should be focused on improving infrastructure costs for the development and surrounding area. 

This program is paired to 40S which additional state funding to cities and towns with an established 40R district, to cover the costs of educating any school-age children who move into the districts. This legislation addresses the challenges of new housing's public cost in terms of municipal finances, given the imbalance of tax revenues and service costs.  Communities are reimbursed for the net cost of educating students living in new housing in smart growth districts.