The controversial law tends to be viewed with some hostility by towns and cities because it enables developers to bypass local zoning if a municipality has not reached its required 10% affordable housing minimum and if the developer includes at least 25% affordable housing in the project. But in this case the Joseph R. Mullins Co., a Braintree, MA-based commercial and residential real estate development company, worked with local officials to situate the complex appropriately while helping the town reach its 10% affordable housing requirement.

"We usually hear about the hostile situations," Michael Mullins, director of development for the Mullins Company, tells GlobeSt.com. This is a friendly 40B."

Mullins says that his company bought the parcel about two years ago and decided then it would be "appropriate" to do a 40B project on the site. The company developed Kimball Court, a 525-unit development adjacent to this site just over the town line in Woburn. Mullins points out that his company was prepared to ask the town for a permit for 201 units, with the intention that they would reduce that number if requested. But the town saw an opportunity. If the project was upped to 250 units, Burlington would have over 10% affordable housing--as well as some breathing space--and would no longer be vulnerable to other 40B projects. Mullins readily agreed.

Mullins emphasizes that this project is in the right location, as opposed to some other 40B projects. It is in a residentially zoned area which features other multi family projects. The estimated cost of the project, which will be called Kimball Woods, will be $25 million. The units will rent for approximately $1350 for a one bedroom apartment and $1750 for a two-bedroom apartment. Over 28 acres of the property will remain open space.

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