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40B in Chelmsford

by Fred Marcks last modified May 04, 2008 11:01 PM

An overview of 40B developments in town and affordable housing issues

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Background

In 1969, the Legislature passed Chapter 40B of the General Laws, sometimes referred to as the "anti-snob" zoning law. The intent was to encourage the development of affordable housing by allowing local Zoning Boards of Appeal to approve housing developments by means of a "comprehensive" building permit--a way to override most local approval procedures and zoning codes as long as at least 25% of the units to be built met "affordability" criteria. "Affordable" units are defined as being within the financial reach of households earning no more than 80 percent of median income in the area.
In case voiding local zoning didn't make the developers' job easy enough, the law also stipulated that in any town or city with less than 10% of its housing stock in affordable units, a developer of a publicly financed affordable-housing project whose permit application is denied by local officials may appeal to the state's Housing Appeals Committee, which may issue the permit, overriding local zoning regulations and even state environmental regulations. In the 35+ years since the law was written, only 27 of the 351 towns in the Commonwealth have met the 10% goal.
In an attempt to respond to the unintended consequences of this law, Chelmsford set forth a Master Plan describing its long-range goals. Setting important standards for town policy and planning, the 1996 Master Plan created a vision of Chelmsford for the years to come. Here is an except from this plan:

  • "Strengthen neighborhood planning...
  • Prevent the urbanization of Chelmsford...
  • Recognize that larger, more concentrated development of industrial, commercial and residential areas of the town contributes to a poorer quality of life...
  • Be cautious of the type of growth that will ..."


To read the Master Plan's projections in detail, click here!.

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Resources

Grass-roots Involvement
PCF believes that Chelmsford deserves the standards of it's Master Plan. In order to accomplish this worthy goal, we need your help! If you are interested in becoming involved with preserving Chelmsford's future, click here to sign up!.

Slowing Chelmsford's Growth
The Slow Growth Initiative was formed in 2007 by members of PCF to advocate for a slow-growth strategy to preserve Chelmsford's quality of life. Bigger is not always better. For more information about why uncontrolled growth won't solve Chelmsford's problems (and might make them worse), please read Top 8 Common Myths about Growth. To learn more about what how Slow Growth could work in Chelmsford, check out the Slow Growth Initiative.

Planning Affordable Housing
PCF supports a community-centered approach to solving our housing problems and for providing better affordable housing. Cost effective methods such as re-development and buy-downs limit the development of open space that negatively impacts neighbors, stresses water supplies and impacts the overall quality of our town's character. Read more about this approach in the Housing & 40B FAQ.

Preservation Activism
PCF encourages residents who have signed the Slow Growth Initiative petition to volunteer for a diverse state-wide organization to repeal MGL Chapter 40B. To learn more and to join thousands of others around the Commonwealth who wish to stop 40B abuses, click here!

Chelmsford Affordable Housing Stock List

Hillside Gardens debate on local television