2. What is 40R?
2
• Eligible locations
• As-of-right, including densities…
Ø Single-family: 8 units/acre
Ø 2-3 family: 12 units/acre
Ø Multifamily: 20 units/acre
• Affordability requirement (20%)
• Direct funding:
Ø $10K-$600K Zoning Incentive Payment upon based on
District size
Ø $3,000/unit Density Bonus Payment
Ø Eligibility for school-cost reimbursement $ (Chapter 40S)
3. 3
Features
Chapter 40R
Smart Growth
Compact Neighborhoods
Eligible Location • Near Transit Station
• Commercial District
• Highly Suitable
Location
• Near Transit Station
• Commercial District
• Highly Suitable Location
Min. Allowable,
by-right Density
(d.u./acre)
• Multifamily: 20
• 2&3-Family: 12
• Single-Family: 8
• Multi-Family: 8
• Single-Family: 4
Min. # of zoned
units
N/A
1% of housing stock
Required % of
Affordable Units
20% (projects =/> 13 units
& district as a whole)
10%
(projects =/> 13 units)
State Incentives
• Funding Preference
• Potential 40B Relief
• Direct Payments
• Funding Preference
• Potential 40B Relief
Comparison Summary
40R & Compact Neighborhoods
4. 4
The Process / How to Participate
n Give us a call!
n Recommend site visit/
pre-application mtg.
n Submit an application
n DHCD Letter of Eligibility
n Local Zoning Adoption
n Evidence of Adoption
n DHCD Letter of
Approval/Certification
n Local Project Approval
40R & Compact Neighborhoods
Net density of
6 units/acre
(Riverwalk,
Concord)
7. 7
40R Regulatory Changes
Clarified/Modified:
• Infrastructure
• Highly Suitable Location
• Area of Concentrated
Development
• Underutilized Land
• Mixed Use Density
Introduced:
• Conditional Approval
Effective Nov. 22, 2013
8. 8
• PDF (remaining $100K)
• PATH: Planning Assistance
Toward Housing
• $600,000 for land use/
zoning, municipal sites, &
other production strategies
• Available July 2014
Planning & Technical Assistance
9. 9
Thank You!
Bill Reyelt / Elaine Wijnja
Dept. of Housing
& Community Dev.
100 Cambridge St.
Boston, MA 02114
617.573.1355/1360
william.reyelt@state.ma.us / elaine.wijnja@state.ma.us
40R & Compact Neighborhoods
10. 10
Chapters 40R & 40S
The Basic Concept
FOR THIS…THIS…
Zoning Incentive Payment
($10K-$600K)
Density Bonus Payment
($3K/unit)
40R:
(Cost per
– ((edu% x (RE&E tax))+ c.70$)
X # of40S:
=
Basic District Requirements:
• Eligible Location
• By-Right Density
Minimum
• Affordability Minimum
11. 11
$ Incentives:
40S School-Cost Reimbursements
• Provides school-cost reimbursement for net rise, if any,
in school costs associated with approved 40R Projects.
• Payment = positive difference between total education
cost for eligible students & municipality’s Smart Growth
revenues for education + Ch. 70 aid.
• Smart Growth revenues for education are product of the
education % (total school spending among all
communities divided by total expenditures) and the
Smart Growth property & excise tax revenues.
• Administered by DOR’s Division of Local Services.
12. 12
Zoning Characteristics
Other characteristics of the
zoning…
n All Inclusive
n Primarily Residential
n No Moratorium/Bldg. Cap
n No Age Restrictions
40R & Compact
Neighborhoods
5.8 units/acre (5 units +retail on .86 acres), Pomeroy Commons, Amherst, MA
13. 13
40R Zoning Incentive &
Density Bonus Payment
INCENTIVE PAYMENTS
Units Payment
Up to 20 $10,000
21-100 $75,000
101-200 $200,000
201-500 $350,000
501 + $600,000
BONUS PAYMENTS
$3,000 for each unit
issued a building permit
$ Incentives:
14. Affordability Minimum
14
Basic 40R Requirements
Affordability…
• Minimum of 20-25%
• Required for all
Projects of 13+ units
• 20% for District as a
whole
• Spread proportionately
across unit types &
location