Comprehensive Permit Applications Under Review by the Town
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The Town of Sudbury Zoning Board of Appeals has been reviewing three applications for new development under MGL chapter 40B, also known as Comprehensive Permits. Below is information on these developments:
1. The Residences at Johnson Farm – proposed as 120 rental units in 12 buildings located at 189 Landham Road. Moss Development is the developer. This application was submitted to the Town on August 8, 2011 and several hearings have been held. The developer has recently discussed a revised plan consisting of 60 townhouse-style units in lieu of the large apartment building style structures. The next public hearing will be held on Tuesday, May 16 30, 2012 at 7:30 pm at the Town Hall. The Johnson Farm application materials can be reviewed by clicking the following link:
https://sudbury.ma.us/BoardOfAppeals/news3518/
2. Landham Crossing – This application for 31 units of homeownership condominiums located at 192 Boston Post Road was approved by the Zoning Board on February 13, 2012. The Landham Crossing Comprehensive Permit can be reviewed by clicking this link.
3. The Coolidge at Sudbury – This application for 64 units of age restricted, affordable rental housing in one building located at 189 Boston Post Road (at the corner of Landham Rd and Route 20) was approved by the Zoning Board on August 8, 2011. The Coolidge at Sudbury Decision can be reviewed by clicking this link.
In order to make sure residents have enough information to gain an understanding of the Town’s involvement and authority in these types of proposals, and the procedural path taken by such an application, below is an explanation of the 40B process.
40B developments are enabled under the MGL c. 40B to encourage the construction of affordable housing. They enable a developer to bypass certain local laws (primarily zoning restrictions) if, in return, they build 25% of the units in the development for sale or rent to low and moderate income households. The Town’s authority under 40B is limited to health and safety issues, but most developers will work with the town to mitigate other impacts from developments so that the buildings fit into the neighborhood surroundings, such as screening, building style and setbacks. The town’s review of 40B applications rests with the Zoning Board of Appeals. They grant one “comprehensive permit”, with other boards providing input during the process. Because this type of development is enabled under state law, Sudbury’s power to deny these applications is very limited. In order to deny such applications, the Town must already have at least 10% affordable housing, or the proposed development must have some significant deficiency which makes it unsafe to either the public or the environment, or it is determined that the project is completely out of character for the town (which is typically a height or building style issue).
The 25% affordable units in a “for sale” 40B development are sold to income eligible buyers (income guidelines set by the state, currently $66,000 for a household of 4 or $53,000 for a household of 2) at below market rate prices (also set by the state and currently around $175,000-$190,000), and are restricted to below market prices in perpetuity for every resale. The town conducts a lottery to pick the households who can buy the units, and creates a list of eligible buyers for any resales. The remaining 75% of the units in the development are sold on the open market. Similar income and rent provisions apply to rental projects, however most of the 40B developments in Sudbury are homeownership. 40B rental units have similar income restrictions.
The steps in the 40B process are as follows:
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The Selectmen have the first opportunity to comment on the proposal. Once an application is submitted to the state, the Town is given 30 days to comment on it. The Selectmen will typically review the proposal at a regularly scheduled meeting, with or without the developer, and will consider any comments received to date on the proposal. This step has been completed for all of the above proposals.
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The state (MassHousing or the Dept. of Housing and Community Development) reviews the proposal for basic feasibility — to make sure it meets their guidelines, is financially feasible, has no serious environmental constraints, and is generally in keeping with the character of the town. They will issue a site eligibility letter with conditions that must be met during permitting and in the final construction. This step has been completed for all of the above proposals.
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Once a site eligibility letter from the state has been received, the developer can submit a comprehensive permit application to the Zoning Board. The review process for a comprehensive permit typically takes several months of review and public hearings. By DHCD regulation, the Town must approve or deny the application within 180 days unless the developer grants an extension. Abutters are notified at the beginning of the process, but any resident can make comments during the hearing process. This is the best time for residents and neighbors to submit comments.
Concerned town residents can participate in the discussion of these developments by checking the Zoning Board web areas on the town’s website to see when meetings are scheduled. www.sudbury.ma.us