MWDN Reports Towns Struggling to Meet 40B Targets

Avalon Orchards 40B Project in Marlborough

G.L. c. 40B, §§20-23 was intended to increase the supply affordable housing in Massachusetts, one of the most expensive housing markets in the country. To encourage the development of affordable housing, the statute exempts qualified projects from certain municipal zoning requirements if less than 10 percent of the town’s housing stock is not “affordable.”

As reported by the MetroWest Daily News, most towns in MetroWest do not meet the 10 percent target. In fact, only Marlborough, Northborough, Natick and Framingham currently meet the 10 percent threshold. The other municipalities in the area are ripe for 40B development projects, particularly as the local housing market recovers from the economic downturn. Moss Development Inc. of Westborough is currently proposing one such project near Route 9 and Crystal Pond Drive in Southborough, as reported recently by the Worcester Business Journal.

Stay tuned for further news and updates on 40B projects in the MetroWest and Boroughs+ region. For questions about permitting 40B projects or litigating disputes involving 40B projects, please contact Dave McCay or Todd Helwig at Mirick O’Connell at (508) 791-8500.

About David McCay

Dave is a partner in the firm’s litigation and land use groups where he assists clients in the resolution of complex real estate, environmental and business disputes. He also represents property owners, developers and municipalities in local land use permitting matters. Dave is active in the Boroughs+ region serving recently as the Chair of the Southborough Economic Development Committee and of the Marlborough Regional Chamber of Commerce. He is also a member of the Board of Directors of the 495/MetroWest Partnership and the Marlborough Economic Development Corporation. Outside of the office, Dave is an avid cyclist competing in road races and criteriums across New England. He lives in Southborough with his wife and two sons.

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