Massachusetts Comprehensive Permits and Regional Planning Initiative

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The Massachusetts Comprehensive Permits and Regional Planning Initiative, also known as Question 2, appeared on the November 2, 2010 ballot in the state of Massachusetts as an initiative. Question 2 was rejected by the Massachusetts voters by 1,254,759 "No" votes to 900,405 "Yes" votes. [1] The measure had been sponsored by Better Not Bigger, a local advocacy group in the state. [2] [3] [4]

Massachusetts State of the United States of America

Massachusetts, officially the Commonwealth of Massachusetts, is the most populous state in the New England region of the northeastern United States. It borders on the Atlantic Ocean to the east, the states of Connecticut and Rhode Island to the south, New Hampshire and Vermont to the north, and New York to the west. The state is named after the Massachusett tribe, which once inhabited the east side of the area, and is one of the original thirteen states. The capital of Massachusetts is Boston, which is also the most populous city in New England. Over 80% of Massachusetts's population lives in the Greater Boston metropolitan area, a region influential upon American history, academia, and industry. Originally dependent on agriculture, fishing and trade, Massachusetts was transformed into a manufacturing center during the Industrial Revolution. During the 20th century, Massachusetts's economy shifted from manufacturing to services. Modern Massachusetts is a global leader in biotechnology, engineering, higher education, finance, and maritime trade.

Contents

The proposed measure would have repealed a state law, the Comprehensive Permit Act (MGL ch. 40B), that allows an organization that is proposing to build government-subsidized housing that includes "low- or moderate-income units to apply for a single comprehensive permit from a city or town's zoning board of appeals." According to the official summary of the measure, the repeal would take effect on January 1, 2011. According to Chemaly, "It's not based on helping poor people. It's all about how can we sell as many units as possible and for them to still be federally and legally (dubbed) affordable" [5]

The Comprehensive Permit Act is a Massachusetts law which allows developers of affordable housing to override certain aspects of municipal zoning bylaws and other requirements. It consists of Massachusetts General Laws (M.G.L.) Chapter 40B, Sections 20 through 23, along with associated regulations issued and administered by the Massachusetts Department of Housing and Community Development. Chapter 40B was enacted in 1969 to address the shortage of affordable housing statewide by reducing barriers created by local municipal building permit approval processes, local zoning, and other restrictions. Its goal is to encourage the production of affordable housing in all communities throughout the Commonwealth.

The Massachusetts General Laws is a codification of many of the statutes of the Commonwealth of Massachusetts. The Commonwealth's laws are promulgated by an elected bicameral ("two-chamber") legislative body, the Massachusetts General Court. The resulting laws—both Session Laws and General Laws—together make up the statutory law of the Commonwealth.

Details of Chapter 40B include: [6]

Legislative history

The initiative was reviewed by the Massachusetts Legislature. The Massachusetts Legislature did not approve of the initiative by the May 4, 2010 deadline, according to the Massachusetts Elections Division, leaving petition organizers to obtain additional signatures from about 1/2 of 1% of voters who voted in the last governor election and submit them before or on July 7, 2010. According to the Massachusetts Secretary of State's office, that number amounted to 11,099 signatures. The measure submitted enough signatures to be placed on the ballot. [5] [7]

Text of measure

Summary

The summary of the measure reads: [8]

This proposed law would repeal an existing state law that allows a qualified organization wishing to build government-subsidized housing that includes low- or moderate-income units to apply for a single comprehensive permit from a city or town's zoning board of appeals (ZBA), instead of separate permits from each local agency or official having jurisdiction over any aspect of the proposed housing. The repeal would take effect on January 1, 2011, but would not stop or otherwise affect any proposed housing that had already received both a comprehensive permit and a building permit for at least one unit ...

A YES VOTE would repeal the state law allowing the issuance of a single comprehensive permit to build housing that includes low- or moderate-income units.

A NO VOTE would make no change in the state law allowing issuance of such a comprehensive permit.

Support

Supporters

Arguments

Opposition

Opponents

Financing

The following contributions have been made in opposition to the measure: [10]

ContributorAmount
Massachusetts Association of Realtors$235,000.00
Citizens Housing and Planning Association$100,000.00
Massachusetts Association of Community Development Corporations$61,000
National Apartment Association$50,000
Greater Boston Real Estate Board$47,250
Home Builders Association of Massachusetts$25,000

Arguments

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References

  1. Massachusetts Secretary of State
  2. The Daily News Tribune, "Ballot initiative effort targets 40B repeal", February 17, 2010 [ permanent dead link ]
  3. Wicked Local, "Massachusetts ballot questions announced by secretary of state", July 15, 2010
  4. 1 2 Concord Patch, "Better Not Bigger Challenges Chapter 40B", August 12, 2010
  5. 1 2 Current Petitions Filed
  6. Wicked Local, "Massachusetts group: Use of 40B on the decline", March 24, 2010
  7. Massachusetts Secretary of State, "Elections: Initiative Petition for Law"
  8. The Salem News, "Election overview: What's on the ballot statewide", August 17, 2010
  9. Local News Telegram, "Mayor against ballot question on housing", September 7, 2010
  10. Massachusetts.gov, "OCPF Searchable Campaign Finance Database", Retrieved October 25, 2010 Archived October 31, 2010, at the Wayback Machine .