Zoning lawyers see Baker bill as move in right direction.

Byline: Pat Murphy

Zoning lawyers see Gov. Charlie Baker's proposed elimination of the "supermajority" standard for local decision-making as adding much needed flexibility to the development approval process and a key step forward in addressing the state's affordable housing crisis.

Introduced by Baker in February, H. 3507 "An Act to Promote Housing Choices" would allow cities and towns to adopt certain zoning measures related to housing development by a simple majority vote rather than the two-thirds supermajority required for zoning changes under current law.

"This legislation is critical, will unlock the potential of our cities and towns committed to responsible growth, development and enacting best practices in sustainable housing production, and we are committed to working with stakeholders and our partners in the Legislature to make it a reality," the governor said in unveiling the bill.

'No brainer'?

Passage of the proposed legislation is a "no brainer," according to Nicholas P. Shapiro, co-chair of the Land Use and Zoning Section of the Real Estate Bar Association.

"In terms of the scope of remedy, it's pretty small bore," Shapiro said. "It would probably nibble around the edges of the housing stock supply issues that we have."

The Boston lawyer also noted that the bill has the backing of constituencies and special interest groups that "rarely" agree with each other. On that point, the measure has the public support of both the Massachusetts Municipal Association and NAIOP (National Association for Industrial and Office Parks) Massachusetts.

But the legislation won't be well-received in all communities, according to David K. McCay, a Westborough real estate and environmental lawyer.

"The challenge is that it is likely to receive pretty broad support in communities that are pro-growth, but it's also likely to see significant resistance in communities that aren't as pro-growth and are trying to manage the consequences of growth and sprawl," McCay said.

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"I'm not sure cities and towns are going to allow for the permitting of the housing stock that we need unless they're forced to do it."

Nicholas P. Shapiro, Boston

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Springfield land use and zoning attorney Ellen W. Freyman called the proposal a "good start" but noted that there is sentiment for broader zoning reforms from a number of quarters.

"But at least we have something where we have a consensus and can get some change enacted that can help facilitate the...