General 40B Information

40B The Basics

Also known as the state's Comprehensive Permit Law, Chapter 40B enables a municipality to approve housing developments under flexible zoning rules if a certain percentage of the units are restricted as affordable per federal and state guidelines.

For an overview of Chapter 40B, please view the PowerPoint file attached below titled "Chapter 40B Basics." The presentation was made to the Board of Selectmen and Zoning Board of Appeals earlier this year.

Massachusetts Subsidized Housing Inventory (SHI)

SHI is used to measure a municipality's stock of low- or moderate-income housing for the purposes of Chapter 40B. Although housing developed under 40B is eligible for inclusion in the inventory, other types of housing may also qualify to toward a community's affordable housing stock. Each community's SHI is based on the percentage of year-round housing units restricted as "affordable units." For additional information regarding SHI please view the documents titled "Subsidized Housing Inventory (SHI) Breakdown in Oxford" and "Subsidized Housing Inventory (SHI) Totals by Community."

760 CMR 56 Comprehensive Permit; Low or Moderate Income Housing

The document provides methods to measure progress toward local affordable housing goals and sets forth comprehensive standards and procedures to govern the review of proposed projects. A copy is provided below.

ZBA Deadlines for Chapter 40B Comprehensive Permits

The chart details critical deadlines and actions required by the ZBA. The chart is from the "Chapter 40B Handbook for Zoning Boards of Appeal," published by the Massachusetts Housing Partnership in cooperation with the Massachusetts Department of Housing and Community Development, MassHousing and MassDevelopment (dated March 2017). The chart is attached below.