40B

Chapter 40B and Affordable Housing:

Chapter 40B, also known as the Comprehensive Permit Law, was enacted in 1969 to help expand the number of communities and neighborhoods where households with low and moderate incomes could afford a safe and affordable home. The law aims to reduce barriers to production created by local approval processes, local zoning, and other restrictions.

Chapter 40B establishes a mandate for all communities in Massachusetts to have a minimum of 10 percent of their housing stock be affordable to middle- and lower- income households.  

Chapter 40B enables local Zoning Boards of Appeals (ZBAs) to approve housing developments by issuing a Comprehensive Permit if at least 20-25% of the proposed units have long-term affordability restrictions.

Did you know?  A comprehensive permit is a single permit that replaces the approvals otherwise required from separate town permitting authorities.

Important things to know about Chapter 40B and Dover:

• Chapter 40B creates a pathway for affordable housing developers to bypass local zoning bylaws and regulations until Dover meets the 10% affordable housing threshold. 

• Chapter 40B, Sections 20-23 authorizes the Zoning Board of Appeals to grant a comprehensive permit to qualified affordable housing developers. A comprehensive permit is a single permit that replaces the approvals otherwise required from separate town permitting authorities. 

• The Zoning Board of Appeals may approve, conditionally approve, or deny a comprehensive permit, but in communities that do not meet the 10 percent minimum, developers may appeal to the state Housing Appeals Committee (HAC). 

• The Town of Dover currently has a Subsidized Housing Inventory (SHI) of 2.82%. If Dover reaches an SHI of 10% we would retain the right to deny 40B applications in what we call "Safe Harbor". Currently, Dover may deny a 40B application, but the HAC has authority to overturn that decision while we remain under 10% SHI.

• If Dover is making measurable progress toward reaching the state goal of Affordable Housing by producing Affordable Housing units at an annual rate of 0.5% or 1% of its year-round housing units it will qualify for Safe Harbor for a 1-year or 2-year period, respectively. For more information on this please click HERE.

• To learn more about how to achieve Safe Harbor and it's impacts on 40B development please click HERE.

• To learn more about SHI in Dover please click HERE.

• Although comprehensive permits may still be granted after a town achieves the 10 percent SHI minimum, the HAC no longer has authority to overturn a local ZBA decision

How much Affordable Housing do we currently have in Dover?

At present. Dover’s affordable housing inventory stands at 2.83% of total housing inventory, with 57 subsidized units. 

The State mandates that 10% of every community’s housing inventory should be affordable. Executive Office of Housing and Livable Communities (EOHLC) tracks the progress of each community on the State Housing Inventory (SHI).  As new affordable units are approved, the Town notifies the EOHLC to update the State Housing Inventory

• Click HERE to see current Chapter 40B Numerical Targets for Dover
• Want to learn more about Subsidized Housing Inventory (SHI) across the Commonwealth?  Click HERE 

Existing Chapter 40B Affordable Housing development projects in Dover

Please follow the links to learn more about existing and proposed Chapter 40B developments in Dover.

As of June, 2024, the existing Chapter 40B projects are:

• The Meadows on Springdale Avenue

• Dover Farms on Centre Street

• Dover Village on Route 109

• County Court on Tisdale Drive

• Red Robin/ The Pastures at Dover on Route 109
• 81/85 Tisdale Drive

Proposed Chapter 40B Affordable Housing development projects in Dover

• Troutbrook/Edgewater
• 43 Strawberry Hill Street

What is the process the Town follows in reviewing a 40B?

Coming Soon

1. Project Eligibility (Site Approval) (MassHousing - MHFA)
2. Comprehensive Permit Process (ZBA) Comprehensive Permit Process (ZBA)
3. Final Approval (Subsidizing Agency)
4. Construction and Occupancy (Subsidizing Agency)
5. Post-Occupancy Oversight (Subsidizing Agency)

What is the State’s role in 40B applications?

MassHousing is one of the state's four subsidizing agencies responsible for administering development under Chapter 40B. MassHousing acts as subsidizing agency for 40B projects financed by the Agency, as well as projects financed by the Federal Home Loan Bank of Boston under the New England Fund (NEF) through its private member banks.

Through its Planning and Programs Department, MassHousing issues site and final approval to 40B proposals; enters into regulatory agreements with 40B developers, providing for housing affordability and fair housing marketing, and limiting the profits of 40B developments; and monitors compliance with housing affordability and profit restrictions.

What types of housing can be included in a 40B development? 

In most cases today, Chapter 40B developments are a mix of market rate and affordable homes, apartments or condominiums. Affordable Housing can include housing for a variety of age groups and family styles: students, singles, couples, families and seniors. Housing units can be new or existing, homeownership or rental, single or multifamily, condominium or townhouse, group homes or accessory apartments and many other variations. 

Rental vs Ownership Developments and Chapter 40B: 

It’s important to note that Comprehensive permits issued for rental developments allow the town to count every unit in the development on the SHI, while only affordable ownership units within ownership developments are counted on the SHI. Put simply, affordable rental units help Dover achieve its 10% affordable housing threshold more quickly.

Learn more about Chapter 40B: (Please check back often)

• Please click HERE for a set of FAQs about Chapter 40B Development

• Please click HERE to review a primer on Working with Chapter 40B and Comprehensive Permits, presented in March 2021

What are the broad goals of Chapter 40B for the Commonwealth?

The intent of Chapter 40B is to provide a fair-share distribution of affordable housing throughout the Commonwealth. In order to address zoning and permitting barriers that make it too expensive to build low- and moderate-income housing, Chapter 40B supersedes zoning and other local regulations. 

History of Chapter 40B

Also known as the Comprehensive Permit Law, Chapter 40B was enacted to help address the state-wide shortage of affordable housing by reducing barriers created by local zoning and other restrictions. Its goal is to encourage the production of affordable housing in all communities throughout the Commonwealth.

In recent years, the state has issued additional guidelines regarding development under Chapter 40B. In 2007, extensive guidelines were issued to provide specific procedures for conducting audits after the developments have been completed and for reviewing these audits when they are submitted to the state. In 2008, the Massachusetts Department of Housing and Community Development (formerly DHCD now the EOHLC) http://www.mass.gov/dhcd) issued new regulations for Chapter 40B that fold all previous regulations covering development guidelines, the Housing Appeals Committee, and the Local Initiative Program (LIP) into a single, revised set of regulations.

Chapter 40B is NOT THE SAME as MBTA Communities Zoning:

The key differences between Chapter 40B and the MBTA Communities zoning requirement in Massachusetts are:

Chapter 40B

• Allows developers to override local zoning bylaws and regulations if a town has less than 10% affordable housing stock, in order to build affordable housing developments.
• At least 20-25% of units in the development must be income-restricted as affordable.
• Developers can appeal to the state Housing Appeals Committee if their project is denied locally in non-compliant towns.
• Applies statewide to all cities and towns that don't meet the 10% affordable housing threshold.

MBTA Communities Zoning (Section 3A)

• Requires MBTA communities to have at least one zoning district allowing multi-family housing as-of-right near transit stations.

• Does not mandate a specific percentage of affordable units, but the housing must be suitable for families.

• Applies only to the 177 cities and towns served by the MBTA transit system.

• Non-compliant communities become ineligible for certain state housing, infrastructure and transportation funding programs.

• Aims to promote transit-oriented housing development near public transit to increase housing supply.

• For more information on MBTA please visit our MBTA information page here.