KEVIN B. SWEENEY
Home rule ‘the problem’

Initiatives recently unveiled to help communities avoid sprawl and increase housing production were welcomed by homebuilders, but some expressed skepticism about whether they will have a significant impact.

Gov. Mitt Romney announced two initiatives earlier this month, one of which is intended to aid communities with inadequate or no sewer systems to support dense development in town centers. The other initiative, which the administration dubbed fast-track permitting, would speed up the permitting process at the state level for proposals that promote “sustainable development.”

While homebuilders welcome such changes, some local builders said they aren’t likely to have a tremendous effect because communities still have the power to set their own guidelines and restrictions on development.

“The problem is home rule,” said Kevin B. Sweeney, a Maynard builder. “Cities and towns are adamant that they’re going to control growth and they’re basically creating a problem for the state economy, in my opinion.”

Under changes proposed for the Clean Water and Drinking Water State Revolving Fund, the state Department of Environmental Protection would eliminate current restrictions that limit flow to only 25 percent of a sewer line’s capacity if the new developments are proposed around the town centers.

Currently, if a town expands or renovates a sewer system, the flow from any new homes added to the system cannot exceed 25 percent of whatever the flow is from the homes already connected to the system. The restriction is in place because extending new sewer lines into undeveloped areas can produce sprawl. The state proposed eliminating the restriction only if the developments are around town centers, but the state has not yet set a limit or cap above that 25 percent restriction, according to a spokesman for DEP.

In addition, the Executive Office of Environmental Affairs wants to fast-track the permitting process at the state level by as much as 25 percent for proposals that promote what the administration refers to as sustainable development. The office has not yet identified what qualifies as sustainable development, but is developing a policy that will use criteria to evaluate projects. Such sustainable development projects will have a single point of contact that will steer the proposal through the various permit reviews at the state level.

“[Initiatives are] carrots but, in and of themselves, they’re not going to solve any problems,” said Jeff Rhuda, a developer with Symes Assoc. in Beverly. “What they’re doing is expediting the permitting process at the state level – which can be lengthy but is obtainable – vs. the local level, where the real problems are. We still need communities to embrace small-lot zoning, smart-growth zoning and reasonable permitting timeframes.”

‘The Right Direction’

Having spent nearly two years trying to get the appropriate permitting to build 42 single-family homes on 15 acres in Bolton, Sweeney is familiar with the challenges builders encounter at the local level. Sweeney is proposing the single-family home project under Chapter 40B, the state’s so-called anti-snob zoning law, which enables developers to build denser projects if at least 10 percent of the units in a project are affordable.

Originally, Sweeney wanted to build 150 apartments, but the community opposed the project so adamantly that he agreed to reduce the number of units and to build single-family homeownership units instead. Now, the town is pressuring him to reduce the number of units even further to accommodate more space between each house.

Bolton isn’t the only town where Sweeney is encountering problems. He’s also spent more than two years trying to get permits to develop a 100-lot subdivision under the conventional permitting process in Gardner.

“Until [state leaders] do something with this home rule, we’re going to have a problem,” said Sweeney. “We’re not providing any housing for our workforce.”

Still, homebuilders have been encouraged by state leaders’ acknowledgement that more housing is needed to keep workers in Massachusetts and stimulate the economy. “We definitely applaud the governor’s efforts,” said Paul M. Novak, a Worcester attorney who is president of the Home Builders Association of Massachusetts. “Both of these initiatives make sense and we think they would be beneficial.”

David Wluka, a real estate development consultant in Sharon who serves as the vice president of government affairs for the Massachusetts Association of Realtors, said he wasn’t sure what impact the initiatives would have, but added, “They are steps in the right direction.”

Both the Realtor and homebuilders’ groups have lobbied for legislation to set uniform Title 5 septic system and wetlands codes in order to increase housing construction. Currently, communities can approve septic system regulations that exceed state standards without having to provide any proof about why they are needed, the industry groups argue.

In addition, the groups also support legislation that would allow local conservation commissions to administer and enforce locally adopted wetlands ordinances only if they are designed to protect unique resources.

The Home Builders Association of Massachusetts also has been pushing for more communities to embrace denser housing development through cluster zoning, which gives builders the ability to group homes on smaller parcels while preserving any remaining land as conservation or open space. Some communities allow for cluster-style development through special permitting but only one city, Gloucester, allows cluster development by right.

While state leaders like Douglas Foy, the secretary of the Office of Commonwealth Development, have continually advocated for smart-growth measures, the big hindrance will be towns and cities who don’t want any type of growth, according to critics.

“They’re [state leaders] working on the branches of the tree, but the root of the tree is local zoning and local regulatory barriers,” said Rhuda. “The battle is changing public perception because if there’s one thing that the public hates more than sprawl, it’s density, and smart growth and sustainable development is all about density.”