Massachusetts’ housing production efforts got a boost earlier this year when amendments to the Massachusetts Environmental Policy Act (MEPA) regulations created a new streamlined review pathway for qualifying housing projects. Under the new provisions, certain residential and mixed-use developments that previously would have required the preparation of an EIR because they exceeded Mandatory EIR thresholds or because they were near Environmental Justice populations, can now receive MEPA clearance with just an Environmental Notification Form (ENF) if they meet certain environmental and development standards. The changes are intended to encourage housing production while directing growth toward sites that are environmentally suitable for development.
While the regulations include seven different criteria for exemption, the two that have proven most significant in practice are those related to project density and redevelopment. Qualifying projects must generally achieve relatively high residential densities and be developed on infill or redevelopment sites, rather than impacting substantial areas of previously undeveloped land. These provisions are designed to encourage compact development in locations that are already well served by existing infrastructure and transportation networks.
Epsilon has already helped two clients successfully navigate the streamlined process. For the John M. Corcoran Company, Epsilon prepared an ENF for 100 Old River Road in Andover, a mixed-use redevelopment project consisting of approximately 432 apartment units with ground-floor retail uses on an approximately 10-acre site. The project qualified for the housing streamlining provisions and received a MEPA Certificate without requiring preparation of an EIR.
Similarly, Epsilon assisted Post Road Residential with its proposed Milk Street project in Westborough, a residential development consisting of approximately 388 apartment units on a roughly 10-acre site adjacent to Route 9 and Milk Street. Like the Andover project, the development satisfied the qualifying housing criteria and successfully completed MEPA review through the ENF process without being required to prepare an EIR.
These early successes demonstrate the potential benefits of the new housing provisions. For projects that meet the eligibility requirements, the exemption can significantly reduce permitting schedules, lower review costs, and provide greater certainty during project planning. As developers continue to pursue new housing opportunities, the streamlined pathway is likely to become an increasingly important component of Massachusetts’ permitting landscape.
Epsilon’s permitting specialists have been actively applying the new regulations since their adoption and can help project teams evaluate eligibility, document compliance with the qualifying housing criteria, and develop efficient MEPA strategies tailored to the unique characteristics of each project.
About the Experts
David Hewett, Principal of Epsilon’s Planning Group, has more than 35 years of experience in environmental impact analysis and permitting. His work focuses on securing permits for large-scale private development projects throughout Massachusetts, with particular expertise in projects located in Boston. He assists clients in developing comprehensive permitting strategies and oversees the preparation of documentation required under the Massachusetts Environmental Policy Act (MEPA) and Article 80 of the Boston Zoning Code.
In addition to his private-sector experience, Mr. Hewett has extensive expertise in environmental permitting for public infrastructure projects, including highway, bridge, rail, and airport developments. He has led the preparation of National Environmental Policy Act (NEPA) documentation and permitting efforts for major public projects across New England.