Two 40B projects could bring 160 homes to Duxbury, and the town is pushing back

Two developers have proposed separate Chapter 40B housing projects in Duxbury that together would add 160 homes, and the town is already moving to block at least one of them, not in court, but with its checkbook.

The two projects

Miramar Estates would put 100 single-family homes on the 30-acre former Miramar Retreat Center at 121 Parks St. Miramar Estates LLC bought the property this year for $8.75 million, according to the Duxbury Clipper. The longtime owner, the Society of the Divine Word, had listed it for $8.2 million in 2023. Market-rate units are estimated at $1.2 to $1.8 million each.

The Residences at Duxbury Estates would add 60 rental townhomes on 21.4 acres of undeveloped land near High and Valley streets, on a parcel that straddles the Pembroke line. Because it is a rental project with at least 20% of units restricted to households at or below 50% of area median income, all 60 units would count toward the state's Subsidized Housing Inventory.

Between the two, 37 of the 160 homes would be designated affordable, per The Patriot Ledger.

Why 40B matters here

Chapter 40B lets developers bypass certain local zoning rules in towns where less than 10% of housing is affordable. Duxbury sits at 7.43%, or 445 subsidized units out of 5,967 year-round homes, according to a letter from Paul Momnie, the attorney representing the Duxbury Estates developer. That leaves the town with limited leverage to say no.

Neither project has been formally submitted to the town yet. Both developers have filed project eligibility applications with MassHousing, the first step in the 40B process. Duxbury received the Miramar application on Aug. 31 and the Duxbury Estates application on Sept. 11, Planning Director Matthew Heins told The Patriot Ledger.

The town's countermove: buy the land

On Monday, Oct. 6, the Selectboard announced it intends to buy the Miramar property outright. Chair Amy MacNab read a prepared statement saying the board had determined it is "in the best interests of the town to acquire the property known as Miramar," citing protection of drinking water, groundwater recharge, open space and natural resources. A special Town Meeting will be called to seek voter approval for the purchase, the Clipper reported.

If voters approve, the acquisition would effectively end the 100-home proposal by taking the land off the table. The board had met in a closed-door session on Sept. 22 to discuss the project, citing the risk that an open discussion could hurt the town's negotiating position.

The Planning Board, meanwhile, has been sharpening its formal comments on the Miramar application, with members and residents urging stronger language about the project's scale, design and water and sewer arrangements, according to meeting coverage. Public comments on Miramar were due Oct. 5.

The safe harbor twist

The second project comes with an unusual incentive. Town Manager René Read told the Selectboard in September that approving the 60-unit Duxbury Estates project could qualify the town for a two-year "safe harbor" from new 40B applications, because adding roughly 60 subsidized units in a calendar year would meet the state's 1% growth threshold, as reported by a local newsletter.

In other words, the rental project the town might otherwise fight could be its ticket to pausing all future 40B proposals for two years.

The Planning Board has raised early concerns about that project too, flagging wetlands buffers, parking, a lack of accessible units and the complications of a site split between Duxbury and Pembroke, per meeting coverage.

What happens next

• MassHousing must issue project eligibility letters before either developer can apply for a comprehensive permit from the Zoning Board of Appeals.
• A special Town Meeting will decide whether Duxbury buys the Miramar property. No date or purchase price has been announced.
• A third, separate 40B proposal, the 28-home Villas at Keene Brook on Temple Street, is already before the ZBA, per the Clipper.

New England Press has not independently reviewed the MassHousing applications. Figures above are drawn from the developers' filings as reported by The Patriot Ledger and the Duxbury Clipper.

Cover image is an AI-generated illustration and does not depict an actual Duxbury location.

Sources: The Patriot Ledger · Duxbury Clipper: Town wants Miramar · Duxbury Clipper: Another 40B on Temple Street · Duxbury News newsletter