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A state board’s ruling in favor of The Davis Cos. clears the way for housing developers to build multifamily projects in Medford under Massachusetts’ Chapter 40B affordable housing law.
For over three years, The Davis Cos. has sought approval to redevelop a former factory and self-storage facility at 970 Fellsway as a multifamily complex. Medford officials rejected the application in 2020, arguing the city is exempt from the law because it has met minimum thresholds for existing income-restricted housing.
The dispute centered on whether Medford has attained the safe harbor provisions exempting the city from Chapter 40B applications, because it has met the law’s minimum threshold of low- and moderate-income housing occupying 1.5 percent of the city’s land area. Chapter 40B enables developers to override local zoning for developments containing at least 20 percent of income-restricted units.
In an Oct. 10 ruling, the state Housing Appeals Committee sided with the developer that Medford hasn’t reached the 1.5 percent threshold, and the correct calculation is 1.25 percent of the city’s total land area.
“Considering all the evidence, we would accept the credible evidence submitted by the developer,” the committee stated in the decision.
The HAC sided with The Davis Cos. that the zoning board improperly inflated the percentage of affordable housing by excluding the recreation open space district from their calculations, although the zoning does not completely prohibit development, and improperly excluded rights of way totaling 27 acres from their calculations.
Boston-based Davis Cos. submitted plans in 2020 for a 278-unit redevelopment of 970 Fellsway, a 3.4-acre site. The project would have converted a portion of a former ornamental brick factory building into housing, along with construction of a new 6-story apartment building and 11 3-story townhouses on Myrtle Street.
The Medford Zoning Board of Appeals appealed to MassHousing, arguing that more than 1.5 percent of the city’s land area is occupied by low- or moderate-income housing.
The Davis Cos.’ project was one of three Chapter 40B proposals held up by the ZBA’s determination.
Malden-based Combined Properties proposed a 544-unit apartment complex at 278-326 Mystic Ave. in 2019, before shelving the housing plans this year in favor of a 1.2-million-square-foot life science campus.
And Mill Creek Residential proposed a 400-unit apartment complex at 4000 Mystic Valley Parkway in 2019, replacing a single-story commercial building.
The Davis Cos. did not immediately respond to a request for comment.
