The project was initially proposed under the state's Chapter 40B affordable housing law in which a developer can bypass local laws if a project has at least 25% affordable housing and the town does not have 10% of its housing affordable. The town denied Trammell Crow a permit for the 396-unit project because of its density and its impact on the town's water supply and sewer system, according to Jim Clark, Weymouth's planning director.

Trammell Crow appealed that decision to the state, but in a rare move, the state sided with the town. Clark tells GlobeSt.com that the town demonstrated to the state that while it does not have 10% affordable housing, it manages to meet local needs with another 40B requirement that 1.5% of its local land area is used for affordable housing. Trammell Crow has appealed that ruling and the case is currently pending.

At the same time, Trammell Crow filed for a comprehensive permit under Chapter 40B for a 242-unit development. The town denied that permit and that appeal is being looked at by the state, but the town is under state orders to review the proposal. A hearing was recently held regarding the new plan and Clark says that a decision on the plan by the town's board of zoning appeals is expected within a week.