Lawsuits by the Weston Zoning Board of Appeals and neighborhood residents are challenging the state Housing Appeals Committee’s January ruling that the town grant a building permit to The Hanover Co. for a 180-unit apartment complex at 518 South Ave. Image courtesy of CUBE 3 Architects
A new round of multifamily housing proposals is leveraging a time-tested tool to pursue approvals in Boston suburbs, led by experienced developers that have deep pockets and long-term investment timelines.
Three proposals in Waltham and major developments in Brookline and Plymouth would add hundreds of units apiece to sites under Chapter 40B, the state law that has given developers an opportunity to override single-family zoning since 1969.
And Chapter 40B proposals could multiply in the lingering slump for office and lab leasing, as landlords explore alternative uses for suburban sites.
“Locating or allowing housing in commercial zoning districts is a fantastic idea,” said Andrew Mikula, a senior fellow on housing at The Pioneer Institute in Boston. “Not only do you have places that are underutilized, like older office parks, but this is also one of the most popular zoning reforms in public opinion polls.”
In a 2023 Pew Institute nationwide survey, 81 percent of respondents favored allowing apartments near major job centers.
In recent years, much of the debate over increasing housing production in Massachusetts has focused on the MBTA Communities law. It required 177 cities and towns to provide by-right multifamily zoning districts near transit stops.
Chapter 40B gives developers a broader choice of potential sites that could be converted. It allows multifamily projects to override local zoning in communities that have less than 10 percent subsidized housing, considered a key metric of affordability. Since 1969, more than 70,000 housing units have been built under Chapter 40B, according to MassHousing.
But it also leaves developers open to appeals and lawsuits that can delay projects for years. A commission appointed by Gov. Maura Healey to study increasing housing production last winter recommended changes in policy and state law that would eliminate some of the hurdles.
‘Weston Whopper’ Battle Enters Sixth Year
In Weston, The Hanover Co.’s attempt to build 180 apartments at 518 South Ave. is entering the sixth year of a fractious political and legal battle.
Dubbed the “Weston Whopper” by opponents, the project was denied by the Weston Zoning Board of Appeals in July 2022 following a nearly 3-year review. The Houston-based developer took the case to the Housing Appeals Committee, a state panel that can overturn local denials of Chapter 40B projects.
In January 2025, the panel directed the town to issue a building permit. But both the Weston ZBA and a group of homeowners filed suit in Superior Court challenging the HAC’s ruling.
The complaint states that the HAC exceeded its authority by disregarding town bylaws and regulations on stormwater, wastewater, wetlands and a proposed retaining wall, which are stricter than state standards.
The case remains under review in Middlesex Superior Court. No hearings are scheduled.
Greystar, the nation’s largest apartment landlord, proposes replacing a four-building office park on Totten Pond Road in Waltham with a 300-unit rental complex. Image courtesy of The Architectural Team
“The 40B developers have to be a sturdy bunch,” said Katharine Garrahan, a partner at Boston-based law firm Bowditch. “If you’re a local developer, it’s surprisingly hard to do, even though you get the zoning relief that 40B gives you.”
The Unlocking Housing Production Commission cited “procedural inefficiencies” that allow opponents to delay Chapter 40B projects, and called for expedited HAC reviews.
“As the Commonwealth faces a housing crisis of unprecedented scale, it has become evident that 40B – while essential – requires thoughtful recalibration to maintain its effectiveness,” the commission wrote in its final report.
Brookline Offices, Plymouth Retail Property in Play
Multifamily development in eastern Massachusetts hit its lowest level since 2012 in the second quarter, Colliers and Costar data show. Just under 11,000 units are under construction, according to a recent market report.
Although higher construction costs and interest rates have slowed the pace of groundbreakings since 2022, multifamily projects appear positioned as the preferred current choice of developers amid the lingering slump in other property categories.
A four-building office park in Brookline is in play for redevelopment as a 738-unit apartment complex. Allston-based City Realty Group is pursuing Chapter 40B approval for redevelopment of Chestnut Hill Office Park at 1280-1330 Boylston St.
In opting to pursue the 40B approval, City Realty Group cited “repeated delays and shifting priorities” by a town advisory committee that has been studying rezoning the Route 9 commercial corridor.
Steve Adams
Underutilized sections of retail parcels continue to attract interest from multifamily developers.
Following the lead of developers at Braintree’s South Shore Plaza and Woburn Village, AvalonBay Communities received approval last month to build a large project at Plymouth’s Colony Place shopping center. The Plymouth ZBA approved the two-building, 300-unit project on a 9-acre portion of the 170-acre property off Route 3.
In Waltham, officials are reviewing three major Chapter 40B projects submitted this year.
Greystar, the nation’s largest apartment landlord, submitted plans in late July for a 300-unit apartment building at 379-395 Totten Pond Road, replacing a four-building office park on the 6.5-acre site.
The Davis Companies of Boston is seeking approval for a 315-unit apartment building at 455 Totten Pond Road, replacing a former Home Suites Inn that closed in 2021.
And a pair of vacant office buildings owned by Waltham-based Hobbs Brook Real Estate at 245-265 Winter St. would be replaced by a 323-unit apartment complex under a proposal by Trammell Crow Residential.
