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Newton mayor calls for zoning changes to encourage affordable housing

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Mayor Setti Warren is renewing his commitment to make Newton a place where middle-class people can afford to live by calling for zoning changes to spark the creation of more affordable housing units throughout the city.

In his recent budget address, Warren called on the Board of Aldermen to take advantage of a state zoning law that encourages communities to create specific districts where dense housing and mixed-use developments with significant numbers of affordable units can be built.

The law, known as Chapter 40R, the "Smart Growth Zoning Overlay District Act," provides financial incentives to municipalities that designate areas in community centers near public transportation for the creation of higher density developments than would otherwise be allowed.

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The developments could include a combination of housing, offices, and retail space, but must have at least 20 percent of the housing set aside as affordable.

As an incentive to adopt 40R zoning and streamline the approval process, the state will give municipalities between $10,000 and $600,000 in funding, depending on the size of the development.

State funding also will increase to compensate for the added costs associated with educating any school-age children who move into the newly created districts.

In addition to his support for adopting Chapter 40R, Warren called on the Board of Aldermen to make it easier for homeowners to add accessory apartments. He also asked the board to increase the percentage of affordable units from 15 percent to 20 percent of a total development as a condition before a special permit can be approved for construction.

"We want to make sure people of all backgrounds have the ability to move here, and make sure those opportunities continue to grow," he said during an interview after his speech.

Chapter 40R districts have been approved in more than 30 communities across Massachusetts, according to figures from the state's Executive Office of Housing and Economic Development , including Belmont, Natick, and Norwood. The developments range in size from 15 units in Norwood to large mill redevelopments with more than 1,000 units in Lawrence and Chicopee.

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In Newton, where debate over developments using the state's Chapter 40B affordable housing law to build more units than would otherwise be allowed has been heated, and a mixed-use project on Austin Street in the city's Newtonville section has drawn vocal opposition, even proponents of affordable housing see a tough road for Warren's proposal.

Alderman Ted Hess-Mahan, a strong supporter of affordable housing who doesn't often see eye to eye with the mayor and ran against him in 2013, said he supports Warren's call for the Chapter 40R districts.

"Oh yeah, absolutely," he said.

However, he also said sees a slim chance for such a district being approved by the Board of Aldermen in a village center near public transportation, such as Waban, Newtonville, West Newton, Newton Centre, or Newton Highlands.

A provision of the law that leaves little room to deny a project if it meets the statute's requirements might be a politically difficult pill for many aldermen to swallow, according to Hess-Mahan.

"The Board of Aldermen would have to cede some of its authority," he said, "and that's going to be a challenge."

The density requirements of Chapter 40R could also be a difficult issue to overcome.

For example, the law requires a per-acre density of at least eight single-family homes, 12 units of two- or three-family homes, or 20 apartment units, which is more than what is now allowed by right anywhere in the city.

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But Warren's call to create zoning to ease restrictions on homeowners to add accessory apartments might be an easier fight, according to Alderwoman Emily Norton.

She has been talking about this issue for months, advocating for the apartments as a way to allow seniors on fixed incomes to collect rent to help with expenses, or to allow families to accommodate an aging family member.

"I was very pleased to see that the mayor wants to move forward lowering barriers for homeowners to create accessory apartments within their homes," she wrote in an e-mail to the Globe. "These rentable spaces can make the difference for a senior wanting to age in place but not being able to afford the rising cost of living on a fixed income."


Ellen Ishkanian can be reached at eishkanian@gmail.com.