In recent months, Lexington has witnessed a consistent stream of multifamily housing proposals, following its early approval of zoning under the MBTA Communities Act. Since April, developers have submitted five formal proposals, collectively amounting to nearly 600 units, with additional projects anticipated.

BXP Joins Lexington Development Wave With 300-Unit Proposal

Lexington has experienced a surge in multifamily housing proposals in recent months, following its early approval of zoning regulations under the MBTA Communities law. Among the latest developers seeking to capitalize on this opportunity is Boston-based real estate giant BXP, formerly known as Boston Properties (NYSE: BXP).

BXP has put forward plans for a five-story, 312-unit apartment complex at 17 Hartwell Avenue, a five-acre site currently occupied by a single-story commercial building. This proposal is one of five submitted since April, totaling nearly 600 units, with more developments expected.

During a recent earnings call, BXP President Douglas Linde highlighted the “Greater Waltham” market and Northern Virginia as areas where the company anticipates beginning residential projects sooner rather than later. BXP is focusing on developing housing on land it already owns, aiming for yields of mid-6% or higher.

While BXP is best known for commercial properties like 200 Clarendon and the Prudential Center in Boston, it also has a growing residential portfolio. Locally, the company is constructing a 439-unit residential tower in Kendall Square, which will become Cambridge’s tallest building upon its completion in 2029.

In response to a request from Lexington’s planning board, BXP's proposal includes a 2,100-square-foot standalone building designed for restaurant and cafe operators. The plan also features a 364-space parking garage, supplemented by an additional 55 parking spots in a nearby lot.

Pipe Dream

Anyone who thinks the MBTA Communities Act is merely about zoning without resulting in the demolition of existing structures and construction of much denser housing is mistaken. If developers spot profit potential, they will move in and build. In fact, one developer is already targeting property owners in Millbury, seeking to buy properties with the aim of maximizing profits through increased density and monopolizing the town's rental market with market-rate units. This poses a serious concern for those living in the Business 1 Zoning District, the Environmental Justice Population zone, and those with incomes at 65 percent or less of the statewide median household income. Many Millbury residents find the current rents neither reasonable nor affordable.

The MBTA Communities Act imposes no minimum bedroom size, no limits on the number of bedrooms per unit, no occupancy limits, and no parking requirements. As a result, it risks turning housing into a profit-driven warehousing solution for people. Is that really what we want for our future and our downtown?

The MBTA Communities Act mandates Millbury to zone at least 50 acres of developable land to permitting the construction of up to 750 dwelling units at a density of 15 units per acre “as of right” at some time in the future. Other communities have different acreage requirements.

To date, several communities have formally rejected the MBTA Communities Act zoning amendments, with Milton being the most prominent example so far. The Massachusetts Attorney General has filed a lawsuit against Milton for failing to comply with the Act, as the town, being a rapid transit community, had a compliance deadline of December 31, 2023. The outcome of this case and whether the state will succeed remain uncertain. Other towns, including Foxborough, Freetown, Hanson, Hopkinton, Marblehead, Marshfield, Middleton, Milton, Norwell, Rowley, Seekonk, Tewksbury, Wakefield, Wilmington, Winthrop, and Wrentham, have also rejected zoning amendments, while Holden has yet to finalize an action plan.

Class-Action Lawsuit

Residents from 20 to 24 of the 177 affected communities have filed a class-action lawsuit against the Commonwealth of Massachusetts in superior court, challenging the constitutionality of the MBTA Communities Act. Additional communities are working to join the class-action lawsuit, so the number of participants may continue to grow. The judge presiding over the case has found the arguments compelling and has requested further information from the Milton and Holden cases. Notably, Millbury has the highest number of plaintiffs from any single community in the class-action, all of whom joined within less than 24 hours. This swift response highlights the strong commitment and passion of the Millbury residents involved on this issue. The attorney representing the plaintiffs is impressed with the arguments raised by Steve Stearns on behalf of the residents of Millbury in our amicus brief.

People want affordable housing, but the MBTA Communities Act is focused on developer profitability rather than affordability. The MBTA Communities Act is likely to drive up rents and push people out of their homes, similar to trends seen in California. The burden will fall heavily on low- and middle-class individuals. If people care about their neighbors, they should vote to reject any town warrant articles at town meetings that propose zoning changes under the MBTA Communities Act.