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40B: the fast, developer-friendly process

Many people ask, "What is 40B?"  Basically, 40B is a Massachusetts law that requires towns / cities to provide 10% of their housing at affordable rates OR developers can use the accelerated 40B process to build new projects. The 40B schedule is fast and written into Massachusetts law.  Steven Zieff will submit his plan to the Wayland Zoning Board of Appeals (ZBA) and receive an initial go /
no-go decision in 45 days.  If you are a for-profit developer, 40B = hallelujah!

Here are a few things to remember:

  1. Fast process:  The initial 40B public hearing had to be
    scheduled no more than 30 days after Zeiff submitted his
    40B Comprehensive Permit application.  Within 15 days after
    this first hearing, the ZBA had to deliver a 'safe harbor'
    decision to approve or deny the application.  There was no
    safe harbor in Wayland because we do not have enough
    'affordable' housing to meet the 10% threshold.  So the
    full 40B public hearing process was launched, which can last no more than 180 days unless Zeiff agreed to extensions.  Due to major changes in Zieff's 'Version 2' plan and five months of delays and broken promises, the Monster 40B hearing schedule has now been extended for a full year!   
     

  2. Evidence is essential:  We need to provide solid evidence of the problems this apartment complex would create, e.g. damage to the environment, traffic, the character of Wayland and home values.  Please click here and donate to support the cost of our attorney and expert testimony.
     

  3. Read up on the 40B process:  It is a very good idea to understand 40B rules
    and requirements.  Developers do -- and hope you don't.  Click here to view the latest comprehensive guide.  

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