Why not build cottage housing under Chapter 40B?
Massachusetts General Laws, Chapter 40B, is a state statute that allows a developer to build higher density developments by applying directly with the state and thus avoiding local zoning restrictions is always an option for a developer. In short, cottage housing could be built under Chapter 40B, but this route is note preferable from a town or developer point of view. 40B requires that 25% of the units be affordable to households that make 50% to 80% of the median household income in a community. While the number of for sale units per acre could be higher under Chapter 40B than could be obtained under the Cottage Housing Development By-Law, the affordable units created under 40B are not available to median income households since those households earn too much (approximately $83,000 as of 2005). By subsidizing the construction of the 40B affordable units (the 40B units would sell at state set prices that are about $100,000 below actual costs to construct such cottage units), the remai
