75-83 Court Street is a 52,000 square foot site located in a Multi-Residence 1 zoning district. The Sponsor is proposing a 36-unit condominium development on this lot. The Sponsor will be seeking permitting under Massachusetts General Law Chapter 40B. A total of nine of the 36 units will be affordable (serving households below 80% of the area median income). A total of 70 on-site parking spaces are proposed.
The links below were submitted as part of the original application and provide an overview of the project.
Site Plans and Floor Plans
In response to questions raised at the Public Hearing the Sponsor submitted several explanatory memorandums, and also made changes to the site plan. The submittals are provided in the links below.
Revised Site Plan
Revised Architectural Drawings
Revised Site Plan, September 22, 2015
The Memorandums, provided by the Planning Department to the Zoning Board of Appeals for the public hearings are hyperlinked below:
Request for Determination for Changes, September 25, 2015
Public Hearing Memo dated September 26, 2014
Public Hearing Memo dated June 20, 2014
Public Hearing/Working Session Memo dated August 25, 2014
CHAPTER 40B / COMPREHENSIVE PERMIT
Chapter 40B is a state statute that encourages the development of low- and moderate-income housing by providing a streamlined permitting process and relief from local zoning requirements. Also known as the Comprehensive Permit Law, Chapter 40B was enacted in 1969 to help address the shortage of affordable housing in Massachusetts. The law requires that at least 20-25 percent of units in a development have long-term affordability restrictions. Under Chapter 40B, the local Zoning Board of Appeals (ZBA) is the permit granting authority. The ZBA must review and make decisions (approve, approve with conditions, or deny comprehensive permits) in a public hearing setting. The State Housing Appeals Committee hears appeals for projects in communities that have less than 10 percent of their housing affordable to low-and moderate-income households.
A prerequisite to filling with the ZBA for a comprehensive permit is the issuance of a Project Eligibility Letter from a subsidizing agency. The Sponsor has submitted a Application for Project Eligibility under the Local Initiative Program to the Massachusetts Department of Housing and Community Development (the Subsidizing Agency). The City's response is available to view here: City of Newton Response to DHCD. On May 21, 2014 the Subsidizing Agency issued this Project Eligibility Letter. The Sponsor is now able to apply for a Comprehensive Permit. Subsequent decisions related to the Comprehensive Permit application are within the sole purview of the Zoning Board of Appeals.
Chapter 40B Fact Sheet
Newton Zoning Board of Appeals Webpage
Newton Zoning Board of Appeals Comprehensive Permit Application Guidelines
Rules of the Newton Zoning Board of Appeals
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