Andover Nonprofit Challenges Zoning Board's Affordable Housing Rejection

As the Commonwealth of Massachusetts grapples with broader battles concerning affordable housing, localized conflicts are unfolding within towns.

Following the recent rejection of a housing initiative by Andover Community Trust (ACT), a local nonprofit dedicated to affordable housing, the organization has issued a rebuttal.

In its statement, ACT underscores the critical need for affordable housing, particularly under the more flexible regulations outlined in Chapter 40B of the state statute. The proposed home was slated for construction at 13 Mary Lou Lane in Andover, Massachusetts.

Despite months of public discourse involving input from neighboring residents and abutters, the project faced opposition primarily centered around concerns about obstructed sightlines at a sharp corner and the proposed home's placement on a smaller-than-typical lot.

The Andover Zoning Board of Appeals (ZBA) cited “local concern” as the basis for its denial.

Denise Johnson, Director of ACT, criticized the ZBA’s decision-making process, highlighting that when both the Select Board and Housing Trust Fund Board endorse a Chapter 40B project, the ZBA is tasked with finding compromises that balance the necessity for affordable housing with local apprehensions.

Denise Johnson remarked, “That didn’t happen. If the Zoning Board was unsure of the evidence that ACT submitted, it should have consulted the technical assistance that is available through the state’s [Local Initiative Program] LIP or its own consultants and changes should have been requested in order to make a decision.”

Chapter 40B aims to alleviate the scarcity of affordable housing statewide by streamlining local approval processes and zoning regulations, according to ACT.

Emotions ran high among neighbors during debates over the ACT housing proposal, with concerns centered on potential risks to pedestrians and children in the vicinity of the proposed site.

ACT asserts that engineering assessments, input from professional consultants, and collaboration with law enforcement had addressed these safety concerns.

Despite receiving approval from the Select Board with a 4-1 vote, additional worries were raised regarding impacts on the water table and the removal of trees to accommodate the construction.

The proposed housing was intended for a family of four with a household income below $94,650.

Expressing gratitude for the support received, Denise Johnson stated, “ACT is extremely grateful to the boards, committees, town leaders, pro-bono professionals, and volunteers and donors that have worked so hard to make affordable homes happen in Andover.”

It remains uncertain whether ACT intends to contest the decision in a higher court.

The ZBA is slated to vote on a finalized decision on Monday, April 4, 2024, as they continue to draft the written decision, according to ACT.


In 2020, Andover's population totaled 36,571, experiencing a slight decline of -0.6% from the previous year, with a population density of 1,186.7 people per square mile. The town boasts a median income of $162,694. Spanning 32.1 square miles, Andover comprises 31.0 square miles of land and 1.1 square miles of water, including notable bodies like the Shawsheen River and various ponds serving as the town's reservoirs. Between 2018 and 2022, owner-occupied households comprised 81.4% of the total. The median value of homes during this period was $756,600, while the median rent stood at $2,037. The distance from Boston to Andover, Massachusetts, measures 23.6 miles.

Meanwhile, as of 2020, Millbury's population reached 13,831, marking a modest growth of 0.8% from 2020 to 2022, with a population density of 880 individuals per square mile. Millbury's median income stood at $109,119 in 2022. Covering 16.3 square miles, the town consists of 15.7 square miles of land and 0.5 square miles of water, situated within the Blackstone Valley and drained by the Blackstone River. Between 2018 and 2022, owner-occupied households comprised 74.1% of the total. The median value of homes during this period was $375,800, while the median rent stood at $1,426. The distance from Boston to Millbury, Massachusetts, measures 45.7 miles.

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Chapter 40B Public Hearing - March 27, 2024

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Millbury’s Chapter 40B Housing Production Plan