Chapter 40R

Chapter 40R seeks to substantially increase the supply of housing and decrease its cost, by increasing the amount of land zoned for dense housing.

The Smart Growth Zoning Overlay District Act, Chapter 149 of the Acts of 2004, codified as M.G.L. chapter 40R (the Act), encourages communities to create dense residential or mixed-use smart growth zoning districts, including a high percentage of affordable housing units, to be located near transit stations, in areas of concentrated development such as existing city and town centers, and in other highly suitable locations.

Projects must be developable under the community's smart growth zoning adopted under Chapter 40R, either as-of-right or through a limited plan review process akin to site plan review.

Upon state review and approval of a local overlay district, communities become eligible for Chapter 40R payments, as well as other financial incentives.

Chapter 40R seeks to substantially increase the supply of housing and decrease its cost, by increasing the amount of land zoned for dense housing. It targets the shortfall in housing for low- and moderate-income households, by requiring the inclusion of affordable units in most private projects.

40R News/Highlights

Effective December 29, 2017, EOHLC has amended the Chapter 40R Regulation and adopted Guidance for Chapter 40R and the 40R Regulation. See General Information About 40R Below.

40R Profiles

• Haverhill
• Northampton
• Reading

Compact Neighborhoods Policy (effective 11-14-12)

State Applauds Easton’s Affordable Housing Efforts, March 2012

MassHousing 40B Project Eligibility Denial - Easton

State gives $800K boost to Natick High project

General Information About 40R

• Chapter 40R Activity Map
• 40R Districts / Activity Summary
• Chapter 40R Regulation - Effective December 29, 2017
• Chapter 40R Regulation - Redlined amendments effective December 29, 2017

                      (Older versions of the Chapter 40R Regulations may be available upon request)

• Guidance for M.G.L. c. 40R and 760 CMR 59:00:Smart Growth Zoning and Starter Home Zoning - September 2018
• Chapter 40R Statute
• Transition Guidelines for 2013 Version Chapter 40R Regulation
• Chapter 40S Statute
• 40R District Application for Preliminary Determination of Eligibility
• Density Data and District Summary Information Spreadsheets
• Housing Production Summary Template
• Annual Update Form (Districts in Active Development)
• Annual Update Form (Future Districts)
• Annual Update Form (Districts Effectively Built Out)
• Chapter 40R Local Starter Home Zoning Bylaw Guidance and Sample Zoning Bylaw with Comments
• Chapter 40R Starter Home Zoning Bylaw Template
• Density Bonus Payment Application
• Density Bonus Payment Definitions 
• The Use of Chapter 40R in Massachusetts 
• 40R Design Standards Guidebook (March 2008) 
• Local Action Units - 760 CMR 56
• The City Incentive Payment Application 
• The Town Incentive Payment Application 
• LEED for Neighborhood Development
• Sustainable Development Principles 

Chapter 40R and 40S Explained: Reaping the Benefits of Compact Development

40R - Cities and towns may establish special zoning overlay districts that allow densities of 8 units/acre for single family homes, 12 units/acre for townhouses, and 20 units/acre for condominiums and apartments. The zoning must require that 20% of the district be affordable homes, and it should allow "mixed use" - the combination of residential, office and retail within close proximity. The location of these districts helps consolidate growth and cut down on dispersal: in town centers, downtowns, near a transit station, on unused industrial land or in other locations municipalities have deemed appropriate for higher density housing. Assistance is available for writing a bylaw and for planning and design. Well-designed districts create a distinctive sense of place and fulfill a significant market demand for convenience, while reducing car trips and preserving open space elsewhere in the community. In return for adopting the zoning and streamlining the development process for 40R districts, cities and towns can get between $10,000 and $600,000 in state funding, plus an additional $3,000 for every new home created.

40S - Additional state funding will also be directed to cities and towns that establish a 40R district, to cover the costs of educating any school-age children who move into such districts. This legislation was in response to the common concern that new housing was costly in terms of municipal finances, given the imbalance of tax revenues and service costs. Qualifying communities will be reimbursed for the net cost of educating students living in new housing in smart growth districts.

The reimbursement equals the cost of educating students living in new housing in smart growth districts less an amount equal to the sum of: (a) new property and excise taxes in the smart growth district multiplied by the average percent of total local spending on education across the commonwealth (about 52%), and (b) any increases in other state education funding that is directly a result of these new students.
 

Chapter 40R Explained Further

Chapter 40R: Purpose, Program Overview: 760 CMR 59.00 establish rules, standards, and procedures for the Smart Growth Zoning Overlay District Program created by M.G.L c.40R, added by Chapter 149 of the Acts of 2004. The Department of Housing and Community Development (the "Department") is the regulatory agency for the program and is authorized to issue regulations to explain and to provide specifics of the program and its operation. It is the purpose of M.G.L. c.40R and 760 CMR 59.00 to encourage smart growth and increased housing production in Massachusetts. "Smart growth" is a principle of land development that: (a) increases the availability of affordable housing by creating a range of housing opportunities in neighborhoods; (b) emphasizes mixing land uses; (c). takes advantage of compact design; (d) fosters distinctive and attractive communities; (e) preserves open space, farmland, natural beauty and critical environmental areas; (f) strengthens existing communities; (g) provides a variety of transportation choices; (h) makes development decisions predictable, fair and cost effective; and (i) encourages community and stakeholder collaboration in development decisions.

760 CMR 59.00 describes the process by which municipalities may propose, for review and approval by the Department, new smart growth zoning provisions that allow the as-of-right development of high-density housing and mixed-use development within zoning overlay districts. To be approvable, overlay districts shall be located near transit stations, in existing city and town centers, commercial districts, and other areas of concentrated development, and in other eligible smart growth locations. The smart growth zoning for an overlay district must require that at least 20% of the housing developed will be affordable. Projects must be developable as-of-right under the smart growth zoning, subject only to the review of plans and the application of design standards by a local approving authority.

The proposed smart growth zoning shall be submitted to the Department for its preliminary approval, after which it may be adopted by the municipality. Once the municipality has adopted the smart growth zoning and received final approval from the Department, it becomes eligible for two types of 40R payment from the Commonwealth. First, the municipality receives an immediate incentive payment, based upon the projected number of additional new units that could be built under the smart growth zoning in excess of what would previously have been allowed as-of-right through the underlying zoning. Second, the municipality receives a bonus payment upon the issuance of a building permit for each such additional unit.

Within the boundaries of an overlay district, a developer may elect either to develop a project in accordance with the requirements of the applicable smart growth zoning adopted under M.G.L. c.40R and 760 CMR 59.00, or to develop a project in accordance with requirements of the applicable underlying zoning adopted under M.G.L. c.40A. Nothing in M.G.L. c.40R and 760 CMR 59.00 shall affect a municipality's authority under M.G.L. c.40A to amend any provision of its local zoning ordinance or by-law, including the underlying zoning applicable within any area that lies within the boundaries of the smart growth zoning district.

40R Bylaws & Design Standards, Completed Applications

(please note: if there is no separate Design Standards document, any corresponding Design Standards are contained within the 40R bylaw.)

• Amesbury Gateway Village 40R Bylaw 
• Brockton Downtown 
• Brockton Downtown Design Standards 
• Grafton Fisherville Mill 40R Bylaw 
• Haverhill Downtown 40R Bylaw 
• Kingston 1021 Kingston's Place 40R Bylaw 
• Kingston 1021 Kingston's Place 40R Design Standards
• Lynnfield Planned Village Development 40R Bylaw 
• Lynnfield Planned Village Development Design Standards 
• Northampton Village at Hospital Hill 
• North Andover Osgood 
• Plymouth Coordage Park 
• Completed 40R District Application (Plymouth) 

Resources for 40R

• Building on Our Heritage: A Housing Strategy for Smart Growth and Economic Development (Executive Summary)
• LEED for Neighborhood Development Rating System (Pilot Version)
• LEED for Neighborhood Development Pilot Project Checklist
• Understanding the Relationship Between Public Health and the Built Environment
• Growing Cooler: The Evidence on Urban Development and Climate Change (Executive Summary)

Workshops, Presentations, and Training

Overview of M.G.L. Chapter 40R

Chapter 40R Districts Activity Table

Chapter 40R Activity Map

Approved Districts: have received final approval from EOHLC total=38 (as of March 8, 2016)

Area Map	Community	District Name	Transit*	ACD*	HSL*	District Size** (acres)	Future Zoned Units	Units built / Bldg. permits issued****
map	Amesbury	Gateway Village			x	52	249
map	Belmont	Oakley Neighborhood			x	1.51	18	17
map	Boston	Olmstead Green			x	42	578	159
map	Bridgewater	Waterford Village			x	128	594
map	Brockton	Downtown	x			60	1096	140
map	Chelsea	Gerrish Ave	x			2.82	125	120
map	Chicopee	Chicopee Center SGOD		x		25.62	1,092
map	Dartmouth	Lincoln Park			x	40.65	319	36
map	Easthampton	Smart Growth Overlay District		x		149	482	50
map	Easton	Queset Commons			x	60.66	280	50
map	Fitchburg	Smart Growth Overlay District			x	33.2	676	201
map	Grafton	Fisherville Mill			x	13.74	240
map	Haverhill	Downtown	x			53	526	362
map	Holyoke	Smart Growth Overlay District		x		152	296	59
map	Kingston	1021 Kingston's Place	x			109	730
map	Lakeville	Kensington Court	x			11	207	204
map	Lawrence	Arlington Mills			x	34.1	1031	137
map	Lowell	Smart Growth Overlay District	x			2.5	250	122
	Ludlow	Smart Growth Overlay District		x		186.8	350
map	Lunenburg	Tri-Town			x	8.97	204	131
map	Lynnfield	Meadow Walk			x	80.25	180	180
map	Marblehead	Pleasant Street		x		0.33	17
map	Marblehead	Vinnin Square		x		1.56	47
map	Natick	Smart Growth Overlay District	x			5	138	138
	Newburyport	Smart Growth Overlay District	x			49.4	520
map	North Andover	Osgood		x		169	530
map	North Reading	Berry Center / Edgewood Apts			x	46	434	406
map	Northampton	Sustainable Growth / Hospital Hill			x	16.56	156	145
	Norwood	Guild Street	x			0.57	44
map	Norwood	St. George Ave		x		0.78	15	15
map	Pittsfield	Smart Growth Overlay District		x		10.72	296	112
map	Plymouth	Cordage Park	x			56.8	675
map	Reading	Downtown	x			25.76	256	53
map	Reading	Gateway			x	10	202	200
map	Sharon	Sharon Commons			x	11.55	167
	South Hadley	S. Hadley Falls SGD		x		48.27	383
	Swampscott	Vinnin Square		x		2.27	68
map	Westfield	Southwick Road			x	22.2	244
	TOTALS		11	11	16	1,724	13,715	3,037

Eligible/Pending Districts (yet to adopt / receive final approval)	Total:	1	*** Calculation may or may not include newly-zoned units on Substantially Developed Land
Community	District Name	Eligible Location*	District Size** (acres)	Future Zoned Units
Transit	ACD	HSL
Haverhill	Downtown (amendment)	X			4.21	175
Norwood	Plimpton	X			7.73	240
Totals		2	0	0	12	415
		* Transit = w/in 1/2 mile of transit station	**** May include a limited # of units for which EOHLC has yet to verify permitting pursuant to 40R zoning
Proposed / Currently Under Review Districts	ACD = Area of Concentrated Development
Community	District Name	HSL = Highly Suitable Location
Bridgewater	Downtown	** not limited to Developable Land Area
Brockton	Thatcher St. HOD
		(i.e., includes Substantially Developed Land,
		non-residential areas, ALL land in district.)