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Senator Joyce Responds to
40B Criticism

By J. Michael Whalen
Times Staff
5/13/10
Sen. Brian Joyce is firing back about conflict-of-interest accusations made by opponents of Chapter 40B, the state’s affordable housing law.

Joyce is receiving support from the town of Easton, which is at the center of the controversy.

The Coalition to Repeal 40B has pointed to the fact that Joyce, who serves as vice chairman of the Joint Committee on Housing – which has taken steps to keep the law on the books – worked as a lawyer for Beacon Communities, a developer that specializes in 40B projects, while the firm sought to build a housing development in Easton.

On May 3, the housing committee held a public hearing on the law and the petition drive calling for its repeal. Because the panel took no action after listening to testimony, the bill will not go further and opponents must gather additional signatures to get the matter on the ballot.

John Belskis, the chairman of the coalition, told the Times that 11,099 signatures need to be added to more than 100,000 collected last fall in order for the matter to be decided by voters.

Chapter 40B, which was passed in 1969, allows developers to bypass local zoning rules if they set aside at least 20 percent of housing units for lower-income residents. In recent years, officials in some communities have complained that developers use the law to build projects that are too big, but efforts to amend or repeal the law have stalled.

Belskis said he “definitely” thinks Joyce has a conflict of interest if the senator is going to represent a firm such as Beacon while serving on the housing committee.

Joyce, however, disagrees. In a prepared statement, he said, “After receiving a written opinion from the State Ethics Commission, the Joyce & Mazonson law firm was engaged to represent a client before local boards only, had nothing whatsoever to do with another developer’s previously approved Chapter 40B ruling, and has had no contact whatsoever with any state agency.”

In addition, Colleen Corona, chairman of the Selectmen in Easton, praised Joyce for his work.

“Last year, the town of Easton was faced with the prospect of imminent destruction of one of our community’s most historically significant sites, which would have been replaced by an unwanted development,” she said in a prepared statement. “Community leaders asked Brian Joyce whether his firm could locate a developer willing to purchase and preserve the Ames Shovel Works. Now, thanks to Brian and the support of the community, this nationally recognized historic mill complex will be preserved, and the town’s historic center will be revitalized.

“While any other attorney or broker would have earned a sizable fee for negotiating such a deal, Brian did not take any fee. When the developer asked Brian’s firm to represent them before local boards such as zoning and the historic commission, Brian insisted on first receiving a written opinion from the State Ethics Commission, and has publicly disclosed this at every meeting.

“Brian is well respected in our community for his hard work, which, as in Milton, helped us rebuild our schools. His intervention and assistance in this matter has only enhanced my respect for him.”

The Ethics Commission has acknowledged that Joyce sought its advice before working for Beacon.