The Debate Over Chapter 40B

Most people who live in Massachusetts have probably experienced or read about Chapter 40B, the state's affordable housing law that allows developers to bypass local zoning regulations if the community does not have 10 percent of its housing classified as affordable and the developer is making a certain percent of their project affordable.

These 40B proposals generate publicity in part because they pit developers against neighbors/residents over a project that usually contains a large number of residences in a dense configuration. So, one can clearly see why neighbors would be concerned and, because local regulations can be bypassed, feel like they cannot influence the project. But, affordable housing is certainly an important item that should be available in all cities and towns, especially given the current state of the United States' economy.

In many instances this battle is eventually decided in the courts, as detailed in this Boston Globe article which examined two recent Supreme Judicial Court rulings that sided with developers.

Ultimately, there will need to be some revisions to this law. First, as urban sprawl expands, 40B developments are spreading into communities that may not have the necessary infrastructure (from police/fire to schools to town clerk staff) to handle the large influx of new residents a 40B proposal often brings. And, there is no guarantee residents will vote at Town Meeting to provide the services the community needs after a 40B development. Additionally, from an environmental standpoint, these projects tend to consume large chunks of land and substantially increase vehicular traffic especially when not built within the reach of the MBTA.

Of course, these adverse effects can also occur from a traditional development. But, in that situation, the town at least has an opportunity to force the developer to scale down the project or reject it entirely. With 40B projects, they have virtually no control, as evidenced by the two cases described in the aforementioned Globe piece.

Ultimately, the state needs to reach an appropriate balance between affordable housing and the need for local control of development. There have been some failed attempts at change in the past but due to its controversial nature, it will surely be a topic for the state legislature to debate in future.