Understanding Multiunit Housing Developments Under the Chapter 40B Law

Recently I have been asked on several occasions about a proposed multiunit housing development on Concord Road.  I have realized many people are unclear on how these types of proposal are permitted and approved.  I thought it would be helpful to try to clarify.

The proposal being put forward by Northland Development is made possible under the provisions of Massachusetts General Laws Chapter 40B, which is designed to facilitate construction of affordable housing in communities that do not meet the current standard of 10% of their housing stock.  A little less than 4% of Weston's housing stock is affordable.  Under Chapter 40B developers are able to ignore certain zoning laws, as long as a mandatory percentage are affordable housing units.  The law provides only limited opportunity for the local town or city officials to alter the developer’s plans.  

There are two paths developers can go with a 40B development — friendly or hostile.  In a friendly 40B development, also known as a LIP (or Local Initiative Petition), the developer works cooperatively with town officials.  Each side compromises in order to make the process easier.  If the town is not adequately cooperative, the developer can also pursue a hostile 40B in which case even more of the decision-making is made by state, rather than local, officials.  To date, all 40B developments in Weston have been done in a friendly manner and I suspect that will be the case here.  

That said, it is important to understand that the town’s ability to stop, slow, or even alter the proposal is very limited by law.  I assure you we will do what we can to make this proposal be as beneficial  (or at least as benign) as possible for the town, but please understand, we cannot stop developers from building these sorts of proposals unless and until our affordable housing stock is 10% of our total housing units, which will require roughly another 200 units.

I hope I have been able to give you a broader perspective on the process.  That said, if you’re interested, I encourage you to follow this proposal as it moves forward as there will be hearings of the Housing Partnership, Planning Board, the Zoning Board of Appeals, and the Board of Selectmen at the very least.