Dunstan East

Next Zoning Board of Appeals Public Hearing: June 8, 2020
For more information, please visit:


The Sponsor will be seeking permitting under Massachusetts General Law Chapter 40B.

Request for Project Eligibility and Supplemental Docs

Project Eligibility Comment Memo

City Notification from MassHousing


Application to Zoning Board of Appeals submitted 12/24/2019


Mark Development, LLC has filed an application for Project Eligibility with MassHousing for a Comprehensive Permit/40B on 2.98 acres of land on Washington Street, Dunstan Street, and Kempton Place in West Newton. As proposed the project will consist of three separate buildings with a total of 243 units of rental housing and 12,521 square feet of ground floor retail space facing Washington Street. Sixty-one units will be made affordable to households earning up to 80% of area median income (AMI) and 182 units will not have any income restrictions. The Project Eligibility application is a prerequisite to filing with the Zoning Board of Appeals for a Comprehensive Permit/40B. Once the project has received a Project Eligibility letter from MassHousing the applicant will file for a Comprehensive Permit/40B with the ZBA and a public hearing will be scheduled.

 Meeting Date:  Documents:
 January 22, 2020

- Agenda

Planning Memo

Presentation from Applicant

 March 17, 2020

 - Agenda

Planning Memo

 April 22, 2020

- Agenda

- Planning Memo

- Presentation from Applicant

- BETA Group Transportation Peer Review Presentation presented 4-22-20

 May 20, 2020

 - Agenda
- Planning Memo

 June 8, 2020  - Agenda
 June 23, 2020  



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 filing with the ZBA for a comprehensive permit is the issuance of a Project Eligibility Letter from a subsidizing agency.  The Sponsor has submitted an
 Application for Project Eligibility to the Massachusetts Department of Housing and Community Development (the Subsidizing agency). The City's response will available to view here in the future.


Chapter 40B Fact Sheet
Rules of the Newton Zoning Board of Appeals 

back to top