GA Blog: Chapter 40B

3.12.13 240 Apartments Planned for Route 114 in North Andover

According to the North Andover Citizen, developer North Andover Holdings LLC is planning on building a Chapter 40B apartment complex along Route 114 in North Andover.  The project is tentatively titled Riding Academy Preserve, which would be six-buildings feature 240 new apartments for rent, along the site of an old farm located at 16 Berry Street (pictured above).

The 40B permit, issued by the state’s Department of Housing and Community Development, allows a developer to consolidate and expedite the application process for building within a town provided they offer some portion their property at a reduced rate for lower income tenants.  A town must allow developments bearing comprehensive permits to proceed if the community has yet to hit the state-mandated affordable housing quota.  Communities need at least 10% of all property to be classified as affordable;  North Andover is said to be around 6% and therefore subject to Chapter 40B.

North Andover Holdings plans to offer 60 apartments for lower rent in the development.  A typical one-bedroom apartment in the complex would rent for $1463 at market value, but would cost $1091 at the affordable rate.

Read the entire North Andover Citizen article.

5.30.12 Peabody Hopes to Claim Mobile Homes as Low-Income Housing

The Salem News recently reported that Peabody city council would like to consider the 741 mobile homes located in the city as affordable housing in order to bypass the state’s 40B housing laws.  A bill has been proposed for the neighboring town of Danvers and in Salisbury, and if passed Peabody would like the same consideration to put the city over the required 10 percent minimum for low-income housing.

Peabody sunk below the 10 percent mark with the 2010 census, currently at 9.09 percent, and is now vulnerable to developers looking to take advantage of the state’s 40B laws.  The ratio of low-income housing would be much higher if the 741 mobile homes were considered.

The 40B housing law allows developers to bypass certain local zoning laws as long as the development contains a set percentage of affordable housing units.  Peabody officials are concerned that unwanted developments could spring up with no way for the city to stop them.

Read the entire Salem News article.

10.25.10 Vote No on Ballot Question 2!

The state’s Affordable Housing Law -- Chapter 40B -- helps make homes affordable to seniors and working families in Massachusetts. It is the primary tool for the creation of affordable housing across the state.

This is what we know about Chapter 40B:

1. It has enabled builders to create 58,000 new homes in cities, suburbs, and small towns;
2. Of these, 29,000 homes are reserved for households earning less than 80% of the area median income, or about $66,000 for a family of four in Greater Boston;
3. The affordable housing law is our most important tool for keeping families in the Commonwealth, as home prices and rents remain out of reach for many families struggling to get by.
4. In the last 10 years, Chapter 40B has generated approximately $9.25 Billion in construction-related spending.

According to There are over 1,500 Endorsers of No on 2, including :

• All Four Candidates for Governor (Baker, Cahill, Patrick and Stein)
• Habitat for Humanity Chapters in the Pioneer Valley, Cape Cod, Greater Boston, Greater Lowell, the North Shore, Greater Springfield, MetroWest and Greater Worcester
• AARP
• Arc of MA
• Citizens’ Housing and Planning Association
• Greater Boston Chamber of Commerce
• League of Women Voters of MA
• Environmental League of MA
• MA Affordable Housing Alliance
• MA AFL-CIO
• MA Association of Older Americans
• MA Council of Churches
• MA Council of Human Service Providers
• Progressive Business Leaders Network of MA
• Soldier On/United Veterans of America
• YMCA of Central MA and the North Shore

When you are at the voting booths, NSAR asks you to please vote NO on Question 2, which would abolish Chapter 40B with no alternative to build affordable housing. For additional information, click here and see the Massachusetts Association of Reatlors®' page .

9.3.10 Affordable Housing Lottery in Wenham

According to the Hamilton-Wenham Chronicle, the town of Wenham is having its first affordable housing lottery, engineered by the Wenham’s Affordable Housing Trust (WAHT).  There are two properties available:

• 105 Pleasant Street - 3-bedroom single-family dwelling on an 8,200 sf lot with 1,260 sf of living space.
• 11 Friend Court #2 - 2-bedroom condominium unit with 1,080 sf of living space on the second floor.

The application process opened on June 16th and closes on Thursday, Sept. 16th at 3:30pm.  Eligibility is determined by income, family size and assets. Only first-time homebuyers are eligible and they must meet the eligibility requirements by providing documentation on income, bank accounts, taxes and mortgage pre-approval; they should also be able to make a down payment and have their financial matters in order.

WHAT chairwoman Molly Martins said that Wenham got into the affordable housing arena to reach the state-mandated percentage of 10% affordable homes to prevent Chapter 40B [affordable housing] developments.  Wenham is at 8.9% affordable housing and requires approximately 13 more units to reach 10%.

The two homes come with perpetual deed restrictions that keep the units affordable. As with most municipal housing programs, Wenham gives preference for first-time home buyers with local ties: current Wenham residents; families with children in the school system; and employees of the town, school district, Housing Authority, and local businesses.

The lottery for Wenham is scheduled for Monday, Oct. 18.  People with questions should contact Wenham’s Housing Consultant Jennifer Goldson at 617-990-4971 or jennifer@jmgoldson.com.

Read the entire Hamilton-Wenham Chronicle.

6.15.10 Potential New Affordable Housing in Danvers on Rand Circle

According to the Danvers Herald, a local developer is working with the Danvers Housing Authority on creating 200 or more new affordable housing units in on Rand Circle.  DHA Director Cindy Dunn said current residents of Rand Circle, which is an existing affordable complex of thirty-six 2-4 bedroom units built in 1981, would be moved into the new units as they are built.

The project is still pending local Zoning and Planning Board approval, but according to the article, at the very least, there will be 54 new units, and more likely there will be 200 or more.  If given the green light, the project would satisfy the state’s requirement to provide 10% affordable housing.

Read the entire Danvers Herald article.

5.14.10 Ipswich Powderhouse Development Helps Close in on Chapter 40B

According to the Ipswich Chronicle, Powderhouse Village, the 48-unit affordable housing complex to be built on County Road by the YMCA, will raise Ipswich’s affordable housing units to 492 – making 9.1% of Ipswich’s housing stock affordable as defined by Chapter 40B.

Chapter 40B requires that all cities/towns have at least 10% of its housing stock to qualify as affordable for the town to become exempt from the state’s 40B affordable housing bylaw which allows for developers to bypass a community’s zoning laws as long as the project contains a sufficient amount of affordable housing, which is determined by a formula based on the community’s median income.

Tom Bentley, the housing coordinator in the Planning Department, says that to be counted as affordable, a rental housing unit must have a deed restriction that says the rent cannot be raised above a certain limit.

For more on the Powerhouse Village development, click here.