More Robust Worcester Affordable Housing Rule Goes To City Council

WORCESTER, MA — A proposed new zoning law in Worcester that would increase the number of affordable rentals got a boost from the Planning Board on Wednesday.

Worcester officials have been crafting the inclusionary zoning ordinance since the spring. The zoning law would require that developers set aside a share of units in new buildings as affordable for people and families earning less than the local median income.

City development officials — with support from groups like the Worcester Regional Chamber of Commerce — have sought to strike a balance between creating new affordable units while not squashing Worcester's recent development boom. That led to an inclusionary zoning proposal where developers would be able to pick either setting aside a larger share of units for people earning 80 percent or less of the area median income (AMI), or a lower number of units for people earning 60 percent of AMI. There's also an option, called "payment-in-lieu," where developers could pay to be exempt from the inclusionary zoning ordinance.

"We wanted to make sure we had a way to balance out that pipeline and grow affordable housing in a meaningful way," Peter Dunn, the city's chief development officer, told the Planning Board Wednesday.

But the Worcester Together Affordable Housing Coalition — a group of local housing activists — has pushed for an across-the-board 60 percent AMI requirement for new developments. That threshold is more favorable to lower-income renters.

The coalition sent a new compromise to city officials Wednesday ahead of the Planning Board meeting. The new proposal asks for:

• Any new development with 12 or more units set aside 10 percent as affordable for income-restricted households
• A 50-50 split in each new development of 60% AMI and 80% AMI units
• An increase in the payment-in-lieu from 3% to 5% of the construction value of all permits for any given development
• At least half of all 60% AMI units to be Americans with Disabilities Act compliant
• Affordability requirements to last in perpetuity rather than the 30 years in the current proposal

During a discussion, Deputy City Solicitor Alexandra Kalkounis saying the state's zoning law doesn't allow cities to put ADA requirements in a zoning ordinance

"It's not legal [or] appropriate here," Kalkounis advised Planning Board members. "We're looking into other avenues where we could provide incentives for accessible units"

Several local residents implored the Planning Board to do something about affordability for the disabled. Disabled local residents struggle more to find affordable housing that is accessible to them, they said.

"Our community has been facing an affordability housing crisis for a very long time," Rob Bilotta of the Center for Living & Working told the board members.

But members of the Planning Board honed in on two pieces of the Worcester Together Affordable Housing Coalition's new inclusionary zoning proposal: the 50-50 split and the increased payment-in-lieu amount.

Member Ed Moynihan spoke at length about local residents who help run the city, but have to, for example, sleep in their cars because they can't find an affordable place to live. The inclusionary zoning ordinance is a chance for Worcester to "push the envelope," he said.

"I think that we need to do as much as we can for the people who don't have the voice, and people who don't have the wherewithal, the financial backing, to just give them a break, just to give them a fair shake," Moynihan said. "We have an opportunity. We don't get these all the time; let's do as much as we can."

The Planning Board ultimately voted unanimously to recommend the city council pass the inclusionary zoning ordinance with the 50-50 split and the increased payment-in-lieu threshold included. The board also asked for a provision where the inclusionary zoning ordinance would be reviewed every few years to ensure it is helping to create new affordable units.

The inclusionary zoning ordinance will next go to the city council's Economic Development Committee in mid-December for a debate. The city council can accept the Planning Board's recommendations, but councilors are not bound to them.