Massachusetts Chapter 40B encourage the production of affordable housing in all cities and towns. Many times developers have used it to negotiate the approval of quality affordable housing developments.
The program is controversial because the developer (a public agency, nonprofit organization or limited-dividend company) has the right to appeal an adverse local decision to the State in communities with little affordable housing (less than 10% of its year-round housing or 1.5% of its land area).
A developer appeals to the state and many times communities are forced to allow housing that does not comply with local zoning requirements and doesn't fit in with the character of the neighborhood.
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