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Valley CDC-Ball Lane
Valley Community Development Corporation (CDC) is proposing to develop 30 affordable homeownership units on 20-40 Ball Lane (the approximate 8-acre property located at the corner of Pulpit Hill Road and Montague Road). The project is seeking a Comprehensive Permit per M.G.L Chapter 40B for the development of affordable housing. The Comprehensive Permit allows all local permitting to take place with the Zoning Board of Appeals.
Valley CDC is a local non-profit corporation formed in 1988 that addresses the growing needs of low and moderate income people through developing and preserving affordable rental and ownership housing and providing economic opportunities through small business assistance (summarized from Valley CDC's website: http://valleycdc.com/about-us/).
See the concept site plan below.
At this time (April 2023) Valley CDC has not submitted a permit application. The project is in the Project Eligibility phase.
Comprehensive Permit Process Summary
There are two main phases at the local level for reviewing a comprehensive permit:
(1) Project eligibility, and
(2) Review of the 40B comprehensive permit by the Zoning Board of Appeals.
The Subsidizing Agency shall provide copies of its written determination of project eligibility to the Department, the Chief Executive Officer of the Municipality, and the Board.
The ZBA reviews a comprehensive Permit based on:
(1) Local zoning and local regulations (Zoning Bylaw, General Bylaw, etc.)
(2) Massachusetts General Laws, Chapter 40 Section B, parts 20-23
(3) State regulations of 760 CMR 56
Other Comprehensive Permit Guidance
Legal counsel training material from Oct. 2016
Legal counsel letter explaining ZBA review process
Masshousing Partnership - Municipal Role in 40B
40B workshop in Northampton, Sept. 2016
Valley CDC submitted their Project Eligibility application to the MassHousing for preliminary review of their project.
During this phase the Town, through the Town Manager, has the opportunity to provide comments.
All public comments should be submitted by Tuesday, April 25, 2023. See the Public Comments tab.
Please CLICK HERE to view the documents submitted for the Project Eligibility Phase
Determination of Project Eligibility
A determination of Project Eligibility, to be issued by the Subsidizing Agency after the close of the review period, shall make the following findings, based upon its review of the application, and taking into account information received during the site visit and from written comments:
(a) that the proposed Project appears generally eligible under the requirements of the housing subsidy program, subject to final approval under 760 CMR 56.04(7);
(b) that the site of the proposed Project is generally appropriate for residential development, taking into consideration information provided by the municipality or other parties regarding municipal actions previously taken to meet affordable housing needs, such as inclusionary zoning, multifamily districts adopted under M.G.L. c. 40A, and overlay districts adopted under M.G.L. c. 40R (such finding, with supporting reasoning, to be set forth in reasonable detail);
(c) that the conceptual project design is generally appropriate for the site on which it is located, taking into consideration factors that may include proposed use, conceptual site plan and building massing, topography, environmental resources, and integration into existing development patterns (such finding, with supporting reasoning, to be set forth in reasonable detail);
(d) that the proposed Project appears financially feasible within the housing market in which it will be situated (based on comparable rentals or sales figures);
(e) that an initial pro forma has been reviewed, including a land valuation determination consistent with the Department’s guidelines, and the Project appears financially feasible and consistent with the Department’s guidelines for Cost Examination and Limitations on Profits and Distributions (if applicable) on the basis of estimated development costs;
(f) that the Applicant is a public agency, a non-profit organization, or a Limited Dividend Organization, and it meets the general eligibility standards of the housing program; and
(g) that the Applicant controls the site, based on evidence that the Applicant or a related entity owns the site, or holds an option or contract to acquire such interest in the site, or has such other interest in the site as is deemed by the Subsidizing Agency to be sufficient to control the site.
The Subsidizing Agency shall provide copies of its written determination of Project Eligibility to the Department, the Chief Executive Officer of the municipality, and the Board.
Comments can be submitted online using the Town's website by CLICKING HERE.
Or, comments can be submitted in writing to the Planning Department by emailing Nathaniel Malloy at firstname.lastname@example.org.
Public Comments should be submitted no later than Tuesday, April 25, 2023.
Reference Material for 40B Comprehensive Permit
Information regarding the 40B Comprehensive Permit application submittal requirements and associated timelines can be found in the ZBA Rules and Regulations effective August 26, 2022.
- ZBA Training on GL C40B Comprehensive Permits - Presentation Slides
- ZBA Training on GL C40B Comprehensive Permits - YouTube Link
Timeline of the ZBA process for reviewing the 40B comprehensive permit:
Within 7 days of the receipt of the Comprehensive Permit application, the ZBA needs to distribute copies of the Comprehensive Permit application to all Local Boards, departments, and committees.
Within 14 days from receipt of the application the initial public hearing must be advertised with proper legal notice and proper notice to abutters
Within 30 days from receipt of the application The ZBA must open the initial public hearing
Within 15 days from the opening of the public hearing, the ZBA may choose to invoke any safe harbor or other claim that the municipality is consistent with local needs pursuant to the statute
Within 15 days from ZBA action the applicant must file its written response (challenge) with the Massachusetts Department of Housing and Community Development (DHCD)
Within 30 days from filing of an applicant’s challenge DHCD must issue its decision re: the applicant’s appeal
Within 180 days from initial public hearing the ZBA must close the public hearing (Except with the written consent of the applicant for an extension)
Within 40 days from closing of the public hearing the ZBA must “render a decision” (Denial, Approval, or Approval with Conditions), based on a majority vote
Within 14 days of its decision, the ZBA must file a copy with Town Clerk
Within 20 days from date the ZBA decision is filed with the Town Clerk the application or public can appeal the ZBA’s decision.