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WHAT IS 40B
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Enacted in 1969, 40B is a state statute, the Comprehensive Permit Law. |
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Enables local Zoning Boards of Appeals (ZBA) to approve affordable housing developments under flexible rules if at least 25% of units have long-term affordability restrictions. |
WHAT IS THE INTENT OF CHAPTER 40B
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In 1969 – recognition that zoning practices play a role in driving up housing costs and inhibiting the broad distribution of affordable housing. |
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In 2004, the intent of Chapter 40B is to address the shortage of affordable housing statewide by reducing unnecessary barriers created by local zoning and other restrictions. |
BENEFITS OF CHAPTER 40B
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Increases the supply of low/moderate income housing |
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Improves regional distribution of low/moderate income housing |
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Allows a municipality to have town boards and committees work cooperatively and simultaneously with the local ZBA to structure a project with at least 25% affordable units. |
WHAT ARE THE BASIC REQUIREMENTS FOR 40B DEVELOPMENTS?
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The project must have a Project Eligibility Letter issued by a state or federal subsidy program. |
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The project developer must have site control Owner of Records, Purchase & Sale, or Option to Buy |
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At least 25% of the units in the proposed project must be restricted over time for rental by or sale to households at or below 80% of area median income |
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Profit is limited: the development entity must be a public agency, a nonprofit organization, or a limited dividend organization. |
PROJECT ELIGIBILITY LETTER – WHAT IS IT ????
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Request of the developer for subsidy |
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Notification by developer to DHCD of application for subsidy |
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Allows 30-day comment period to the subsidizing agency |
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“Ticket” to file a comprehensive permit |
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Preliminary approval of the site from the Subsidizing Agency o MassHousing o Department of Housing & Community Development o Federal Home Loan Bank • New England Fund member banks • Oversite roles is through MassHousing |
WHY ARE THE NOTICE CHANGES NECESSARY
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Allows stakeholders to provide feedback regarding the proposal early in process |
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Allows the community to obtain technical assistance at the earliest opportunity, so that it may make informed decisions. |
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Allows the community to designate an individual to informally discuss the project outside the ZBA hearing process. |
APPLICATION REQUIREMENT – WHAT SHOULD BE INCLUDED
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Site Approval Letter/Eligibility Letter |
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Evidence of Site Control |
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Preliminary Site Development Plans |
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Site Conditions Report |
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Preliminary Drawings |
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Building Tabulation |
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Subdivision Plan (if applicable) |
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Utilities Plan |
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Requested Exemptions |
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