The 40b legislation was passed to provide more affordable housing in Massachusetts. It gives developers who agree to set aside 25 percent of the units in a multi-family building as meeting the definition of affordable the ability to skip review by town boards and submit their plans for review by the state only. This legislation came about because planning boards and NIMBY groups were blocking most multifamily projects in towns like Plymouth, even if they met the town’s zoning bylaws. Once a developer comes to the conclusion that they can’t work with the Planning Board to gain approval for their project they will inevitably give up and go forward with a 40b project. The Select Board and Planning Board should have realized by now that negotiating to get the best project for the town is better than losing all leverage, which happens once a project becomes 40b.
– Daniel Garte