Comprehensive Permit Information

About Comprehensive Permits (Also Known As 40B)

A Comprehensive Permit is a streamlined process used for the development of low- or moderate- income housing, commonly called affordable housing. This process was created under Massachusetts General Laws Chapter 40B Sections 20-23. The law enables the Zoning Board of Appeals to provide relief from local zoning requirements in exchange for the creation of affordable housing units.

Relief from the Zoning Requirements

Many towns in Massachusetts have strict zoning bylaws that restrict development. Because of these restrictions, building affordable housing can be a challenge for developers. With a comprehensive permit, developers can receive some relief from the zoning requirements. Relief can include waivers from the number of parking spaces required, building duplexes instead of single-family house, or building in a zoning district that is designated for nonresidential use.

The amount of relief provided to a developer is determined by the Zoning Board of Appeals. The Zoning Board of Appeals may approve, deny, or condition relief. For example, building houses closer together may be approved, while building a ten-story tall building may get denied. Conditions are commonly used in Comprehensive Permits. A condition is like a negotiation; for example, a condition may state that if a duplex is built, there must be one common driveway for both units.

Creation of Affordable Housing

In exchange for providing relief from zoning requirements, a developer must construct affordable housing units. Typically, 20% of all the units must be deeded affordable for a period of at least 30 years. In some cases, a developer may construct all affordable units, or the units may be deeded affordable in perpetuity.  Developers receive subsidies from different governing bodies to help cover the costs of constructing these units.

Affordable Housing: What is it?

Affordable housing is based on area median income and housing costs. Area median income is the middle value of all earnings of all households within a designated region or area. Stow is located within the Boston-Cambridge-Quincy, MA-NH HUD Metro FMR Area. In this area, the median income is $149,300 in 2023. For a housing unit to be considered affordable, a household making 80% of the area median income must not spend more than 30% of their income on housing costs. 

For more information about affordable housing, visit the Planning Board’s Housing page.

Stow’s Comprehensive Permit Policy

Stow’s Comprehensive Permit Policy was adopted by the Select Board in November 2013. The policy conveys the town’s expectations for housing developed under Chapter 40B, explains desired outcomes, sets minimum performance standards for all affordable housing developments, and describes the trade-offs that Stow is willing to explore with applicants for a Comprehensive Permit. The Zoning Board of Appeals uses this policy as a guide in its review, approval, or denial of all Comprehensive Permit Applications. Click here to review the Policy. 

Stow’s Comprehensive Permit Rules and Regulations

Stow’s Comprehensive Permit Rules and Regulations establish procedures for applications to the Zoning Board of Appeals for Comprehensive Permits. These rules and regulations identify the content that the Zoning Board of Appeals requires (such as existing site conditions, proposed site conditions, a project narrative, and a regulatory agreement), timelines (such as when a decision must be rendered), and the application form. Refer to the Comprehensive Rules and Regulations for more information. Click here to review the Rules and Regulations 

Past Comprehensive Permits in Stow

Stow has issued several Comprehensive Permits.  Some notable properties include Pilot Grove Apartments, Villages at Stow, Elizabeth Brook Apartments (formerly known as Plantation Apartments), and the residences along Elm Ridge Road. These include both rental and homeownership opportunities.

Other Communities in Massachusetts

Stow, like all other communities in Massachusetts, must follow Chapter 40B.  Each community has different rules, regulations, and policies that outline what type of affordable housing development they would like to see. Interested to learn more about Chapter 40B? Click here to read Massachusetts Housing Partnerships's Chapter 40B Handbook.