Chapter 40B Development Projects

40B Projects

Chapter 40B is a state statute, which enables local Zoning Boards of Appeals (ZBA) to approve affordable housing developments under flexible rules (Comprehensive Permit) if at least 20-25% of the units have long-term affordability restrictions. Each community in the Commonwealth must strive to have 10% of their housing stock qualify as "affordable housing". Wellesley is currently at 6.33%. The 40B statute was enacted to facilitate the construction of low- and moderate-income housing; avoid perceived long delays in developers’ proposals to construct affordable housing; and allow waiver of local zoning by-laws that are not “consistent with local needs.”

The preliminary step, prior to submitting a Comprehensive Permit with the ZBA is to gain Site Eligibility from the a subsidizing agency (MassHousing, Massachusetts Housing Partnership). Minimum project eligibility requirements are that the applicant must be a public agency, non-profit organization, or limited dividend organization; project shall be funded by subsidizing agency under low- or moderate-income subsidy program; and the applicant must control the site.

If Site Eligibility is granted, the applicant can apply for a Comprehensive Permit with the ZBA. The 40B Helpful Information below describes the timing and review process for the Comprehensive Permit applications. At present the Town of Wellesley has 5 projects seeking Site Eligibility. 

Projects Currently Seeking a Comprehensive Permit

Wellesley Crossing Application (Delanson Circle) - Submitted 11.21.17
Wellesley Park Application (148 Weston Road) Submitted 2.21.18
680 Worcester Street Application Submitted 8.7.18
16 Stearns Road Application Submitted 8.7.18
Application Materials and Town Responses to date

Approved 40B Projects - Issued Comprehensive Permits

Fieldstone Way Application (135 Great Plain Avenue) Submitted 3.12.18