| GROWING SMART BY WORKING WITH 40R
Zoning Law Update
Sponsored with the Real Estate Bar Association and the City Solicitors & Town Counsel Association
Please Note: This course has already
been held.
Date: Friday, April 01, 2005
Location: Suffolk University Law School, 120 Tremont St., Boston, MA
Time: 09:00 AM - 01:00 PM
Faculty
Schedule/Agenda
Registration Information
Unable to attend but are interested in the course materials?
Purchase Here! |
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Newly enacted M.G.L. Chapter 40R, the Smart Growth Zoning and Housing Production Act, is the most radical reform in housing policy and zoning law in Massachusetts since the passage of Chapter 40B in 1969. Chapter 40R provides for financial incentives to encourage the adoption of zoning overlay districts that allow higher density residential and mixed-use development in so-called “smart growth” locations. Based on the recommendations of the Commonwealth Housing Task Force, Chapter 40R is a program of monetary incentives from the state to encourage communities to zone for greater housing production in locations that maximize existing infrastructure.
In smart growth zoning districts, primary residential use must be permitted as-of-right. Business, commercial or other uses consistent with primary residential use may also be allowed. The zoning must provide for a mix of housing for families, individuals, persons with special needs or the elderly. Smart growth zoning districts must comply with both minimum allowable density and affordable housing set-aside requirements. They must also be located in statutorily defined eligible locations.
Who Should Attend:
This program is essential for town counsels and city solicitors, as well as lawyers representing developers of conventional and affordable housing, and mixed-use and adaptive reuse projects. Municipal officials involved in local housing policies and members of planning boards and zoning boards of appeals will also benefit from attending this in-depth program.
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Kathleen M. O’Donnell
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Is with Kopelman and Paige, P.C., a statewide firm specializing in municipal law, and concentrates her practice in real estate law. Ms. O’Donnell is a past president of REBA, formerly the Massachusetts Conveyancers Association. In addition to her real estate practice, she provides assistance to municipalities on the creation of affordable housing through re-use of tax parcels, affordable housing restrictions and comprehensive permits.
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Benjamin Fierro, III
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Is a partner in Lynch & Fierro LLP, where he concentrates in legislative, regulatory and land use law. He is a graduate of Suffolk Law School. In 1997, he was named one of the “25 Most Influential Lawyers of the Past 25 Years” by Massachusetts Lawyers Weekly. Mr. Fierro is a member of the Advisory Board of Banker & Tradesman newspaper and a former member of the Board of Editors of Massachusetts Lawyers Weekly. Mr. Fierro is also the author of the two most recent amendments to the Zoning Act relative to cluster zoning and the use of land transfer of development rights. |
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Angus G. Jennings
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Received his graduate degree in City & Regional Planning at Cornell University, where he received the biennial Telluride Association scholarship and the American Institute of Certified Planners’ Student Award. Angus has been serving as the Town Planner in Marshfield since August 2001. He has pursued a series of local zoning reforms related to downtown revitalization, affordable housing, and the creation of a Planned Mixed-Use Development District. He is also active in the statewide Zoning Reform Working Group. |
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Howard P. Speicher
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Of Davis, Malm & D’Agostine PC, concentrates his practice in the areas of zoning, subdivision, wetlands and other land use law, with an extensive land use, permitting and litigation practice. Most recently, Howard was a representative of the Home Builders Association of Massachusetts on the Chapter 40R Advisory Committee drafting Chapter 40R regualtions. As a former Assistant Corporation Counsel for the City of Boston, he represented the Board of Appeal and the Inspectional Services Dept. He is a past member of the Board of Editors of the Boston Bar Journal and is a past chairman of the BBA’s Zoning and Land Use Committee.
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Sarah B. Young
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Is the Deputy Director for Policy Development for the Massachusetts Department of Housing and Community Development (DHCD). Sarah is responsible for the development and coordination of policy initiatives and technical assistance for the agency’s housing, community development, economic development, anti-poverty, and municipal grant programs. Sarah has an MA in Public Administration from the Harvard John F. Kennedy School of Government. She is the Chairperson of the Board of the Community Economic Development Assistance Corporation (CEDAC) and serves on the boards of MassHousing and the Community Development Finance Corporation (CDFC). She has been in public service over twenty years, and works closely with regional and local governments, public agencies, community-based organizations, and the business community. |
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| S C H E D U L E / A G E N D A |
| 9:00 |
Welcome & Introductions |
| Benjamin Fierro, III, Esq., Chairperson
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| 9:10 |
History of the Act and Overview of 40R |
| Benjamin Fierro, III, Esq., Chairperson
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| 9:40 |
Highlights from the New Regulations |
- Eligible Location
- How Much Density?
- How to Achieve Affordability
- Developable Area
- Design Review Criteria
- Types of Incentive Payments
- The DHCD Review
Kathleen M. O’Donnell, Howard P. Speicher & Sarah B. Young
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| 11:30 |
Practical Advice - What Your Clients Need to Know |
| Using the Town of Marshfield as a real life example, you will learn to identify the issues and gain the practical knowledge you’ll need to guide your clients through the 40R process. The various perspectives of a town planner, the Department of Housing and Community Development and both municipal and developer’s counsel will make this an invaluable session. Angus G. Jennings, Kathleen M. O’Donnell, Howard P. Speicher & Sarah B. Young
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| Date: |
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Friday, April 01, 2005 |
| Tuition: |
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Tuition is $159; $129 for Suffolk alumni, attorneys admitted to the Bar after 2002, members of REBA or the City Solicitors and Town Counsel Association. The course book is included in the tuition charge. A limited number of partial scholarships are available. Please submit a written request via fax 617-305-3099.
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| Walk-Ins: |
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Space is limited. Registrations at the door are welcome, but please register in advance to reserve a seat and your written course materials or call to confirm space availability.
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| Refunds: |
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Written requests for cancellations received via fax or email 24 hours prior to the program will be granted a refund, minus a $15 charge. If you cannot attend, you can send a substitute, otherwise you will receive the written course materials.
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| Location: |
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Suffolk University Law School, 120 Tremont St., Boston, MA
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| Credit: |
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This course will provide CLE Credit in RI, NH, VT & ME.
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Special
Needs: |
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If you have special needs addressed by the Americans with Disabilities Act, please notify us as soon as possible.
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Directions to the Law School.
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Unable to attend but are interested in the course materials?
Purchase Here! |
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