BRPC: Inclusionary Zoning Helps Towns Increase Affordable Housing

By Andy McKeeveriBerkshires Staff
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Planner Brian Domina presented the pros and cons of the type of zoning that is used very little in the Berkshires.
PITTSFIELD, Mass. — Inclusionary zoning is one way communities can increase the stock of affordable housing, according to BRPC Planner Brian Domina. 
 
Domina presented to the Berkshire Regional Planning Commission on Thursday about the type of land regulation that is used by several communities in the Berkshires. 
 
"We're trying to figure out how to get more affordable housing into our communities," Domina said. 
 
The need for an increased number of affordable housing units has been cited in a number of communities. Some, such as Lenox and Williamstown, formed affordable housing trust funds to help construct more units.
 
Domina said another step towns can make to increase the stock is by revamping zoning. There are two types of inclusionary zoning: incentive and mandatory.
 
"It is not a tool that is widely used in the county right now," he said.
 
Williamstown is the only town in the Berkshires with mandatory affordable housing written into its zoning, according to Domina. For every housing development with more than 10 units being developed, 10 percent of the units must qualify as affordable as defined in state law. 
 
"Mandatory, in my opinion, should also have incentives," Domina said. "Even if you have a mandatory inclusionary bylaw it needs to be written so it is feasible or else a developer won't do it."
 
A shortfall in a mandate like Williamstown's on its own is that it encourages developers to reduce the number of units to nine, according to BRPC Executive Director Nathaniel Karns. That's why Domina reminds communities to keep feasibility in mind.
 
Domina added that the mandate does come with legal concerns. The laws have never been challenged in U.S. Supreme Court. He questioned what would happen if there was an argument claiming it was unconstitutional. 
 
"I don't think it is on as solid of legal footing as other types of land-use regulations," Domina said. "We don't really have any solid cases to say 'yes, it is alright.'"
 
Incentive-based is a type of zoning used in Pittsfield, Great Barrington and Lee. There are different types of incentives cities and towns can offer. 
 
Domina used an example of allowing two extra market-rate units to be constructed above the regulations for every one affordable housing unit. Cities and towns can also fast-track permitting for developments with affordable housing or relieve developments from other burden such as setbacks, he said.
 
However, communities need to be aware of the impacts such incentives will have. A project could end up growing to becoming too large or out of place for the character of the area.
 
"Make sure what you are incentivizing doesn't go against the character of your community," he sad.
 
In Great Barrington, additional requirements were added to the incentive bylaw to eliminate discrimination. In other cities and towns outside the area, developers have built projects that give the affordable units their own entrance to separate the occupants from the amenities in the development. Great Barrington has laws against that to ensure affordable units are integrated with the entire project.
 
Domina also reminded communities that if they re-work their zoning to include inclusionary that it be well thought out so as to serve its purpose.
 
"They're going to do the one they'll make more money on so you really need to think about market conditions and how it all plays together," he said.
 
Overall, it does take a lot of planning, time and resources to put in place. He suggests towns use a legal consultant for the process if the plan is to use a mandatory law.
 
However, the legality shouldn't scare anybody off from using the zoning. If done right, it can achieve the goal of increased affordable housing, he said.

Tags: affordable housing,   BRPC,   zoning,   

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State Fire Marshal: New Tracking Tool Identifies 50 Lithium-Ion Battery Fires

STOW, Mass. — The Massachusetts Department of Fire Services' new tool for tracking lithium-ion battery fires has helped to identify 50 such incidents in the past six months, more than double the annual average detected by a national fire data reporting system, said State Fire Marshal Jon M. Davine.
 
The Department of Fire Services launched its Lithium-Ion Battery Fire Investigative Checklist on Oct. 13, 2023. It immediately went into use by the State Police Fire & Explosion Investigation Unit assigned to the State Fire Marshal's office, and local fire departments were urged to adopt it as well. 
 
Developed by the DFS Fire Safety Division, the checklist can be used by fire investigators to gather basic information about fires in which lithium-ion batteries played a part. That information is then entered into a database to identify patterns and trends.
 
"We knew anecdotally that lithium-ion batteries were involved in more fires than the existing data suggested," said State Fire Marshal Davine. "In just the past six months, investigators using this simple checklist have revealed many more incidents than we've seen in prior years."
 
Prior to the checklist, the state's fire service relied on battery fire data reported to the Massachusetts Fire Incident Reporting System (MFIRS), a state-level tool that mirrors and feeds into the National Fire Incident Reporting System (NFIRS). NFIRS tracks battery fires but does not specifically gather data on the types of batteries involved. Some fields do not require the detailed information that Massachusetts officials were seeking, and some fires may be coded according to the type of device involved rather than the type of battery. Moreover, MFIRS reports sometimes take weeks or months to be completed and uploaded.
 
"Investigators using the Lithium-Ion Battery Fire Checklist are getting us better data faster," said State Fire Marshal Davine. "The tool is helpful, but the people using it are the key to its success."
 
From 2019 to 2023, an average of 19.4 lithium-ion battery fires per year were reported to MFIRS – less than half the number identified by investigators using the checklist over the past six months. The increase since last fall could be due to the growing number of consumer devices powered by these batteries, increased attention by local fire investigators, or other factors, State Fire Marshal Davine said. For example, fires that started with another item but impinged upon a battery-powered device, causing it to go into thermal runaway, might not be categorized as a battery fire in MFIRS or NFIRS.
 
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