What is 40B?

Chapter 40B of the Massachusetts General Law allows builders to bypass local zoning laws to create affordable housing in cities and town that do not meet a certain threshold.

The threshold is met when 10% of Brookline’s housing is part of its Subsidized Housing Inventory. Over the last few years, Brookline’s Subsidized Housing Inventory has fluctuated above and below that 10% threshold.

Developers of buildings use Chapter 40B to bypass town zoning by-laws. When a developer submits a 40B application and it is rejected by the town, the developer has the right to appeal that rejection to the state board of appeals if the town is below its Subsidized Housing Inventory threshold. As a result, the town cannot ensure that such projects fit into their neighborhoods according to the wishes of the community.

Chapter 40B projects are limited in how profitable they can be. However, 40B buildings can compensate for those limits by being larger than projects that follow local zoning laws.