Josh Katzen, a locally based developer, wants to build a 183-unit development in the old Service Merchandise building under the state's affordable housing law, Chapter 40B. The law enables a developer to bypass local zoning laws if a project has at least 25% of its units affordable and the town does not have 10% affordable housing. Natick has 5.5% affordable housing, according to Sarkis Sarkisian, the town's director of community development.

But the town has been fighting tooth and nail to prevent the project from being built since it was first proposed. Sarkisian tells GlobeSt.com that the town thinks the site is a "bad location for people to live" and denied the developer a comprehensive permit. The state's overturning of that decision is not surprising because with 40B projects a municipality with less than 10% affordable housing has to demonstrate that a project will have real health or safety implications for the denial of a comprehensive permit to be upheld.

Sarkisian says that the town is currently in the process of "regrouping" and is considering whether it wants to appeal the decision to the state's superior court. "It's a difficult case," he notes. The only other hope the town has to prevent the project from being built is with a suit brought by Peabody Group, which owns Hampton Inn, an abutter to the property. Katzen has an easement on Hampton Inn's property to use some of its parking spaces, which the Peabody Group is protesting. Sarkisian says that a judge is scheduled to hear that case shortly but he points out that because Katzen has also proposed building a parking garage, its likely that the case could ultimately not affect the viability of the project.