Valley Community Development Corporation (CDC) is proposing to develop 30 affordable homeownership units on 20-40 Ball Lane (the approximate 8-acre property located at the corner of Pulpit Hill Road and Montague Road). The project is seeking a Comprehensive Permit per M.G.L Chapter 40B for the development of affordable housing.  The Comprehensive Permit allows all local permitting to take place with the Zoning Board of Appeals.
 
Valley CDC is a local non-profit corporation formed in 1988 that addresses the growing needs of low and moderate income people through developing and preserving affordable rental and ownership housing and providing economic opportunities through small business assistance (summarized from Valley CDC's website: http://valleycdc.com/about-us/).

See the concept site plan below.

At this time (April 2023) Valley CDC has not submitted a permit application.  The project is in the Project Eligibility phase.

Comprehensive Permit Process Summary
There are two main phases at the local level for reviewing a comprehensive permit:

(1)  Project eligibility, and
(2) Review of the 40B comprehensive permit by the Zoning Board of Appeals.
 
The Subsidizing Agency shall provide copies of its written determination of project eligibility to the Department, the Chief Executive Officer of the Municipality, and the Board.

The ZBA reviews a comprehensive Permit based on:
(1)  Local zoning and local regulations (Zoning Bylaw, General Bylaw, etc.)
(2) Massachusetts General Laws, Chapter 40 Section B, parts 20-23
(3) State regulations of 760 CMR 56
 
Other Comprehensive Permit Guidance
Legal counsel training material from Oct. 2016
Legal counsel letter explaining ZBA review process
Masshousing Partnership - Municipal Role in 40B
40B workshop in Northampton, Sept. 2016
 

Project Eligibility

Valley CDC submitted their Project Eligibility application to the MassHousing for preliminary review of their project.  

During this phase the Town, through the Town Manager, has the opportunity to provide comments.  

All public comments should be submitted by Tuesday, April 25, 2023.  See the Public Comments tab.

Please CLICK HERE to view the documents submitted for the Project Eligibility Phase

Determination of Project Eligibility 

A determination of Project Eligibility, to be issued by the Subsidizing Agency after the close of the review period, shall make the following findings, based upon its review of the application, and taking into account information received during the site visit and from written comments:  

(a) that the proposed Project appears generally eligible under the requirements of the housing subsidy program, subject to final approval under 760 CMR 56.04(7);  

(b) that the site of the proposed Project is generally appropriate for residential development, taking into consideration information provided by the municipality or other parties regarding municipal actions previously taken to meet affordable housing needs, such as inclusionary zoning, multifamily districts adopted under M.G.L. c. 40A, and overlay districts adopted under M.G.L. c. 40R (such finding, with supporting reasoning, to be set forth in reasonable detail);  

(c) that the conceptual project design is generally appropriate for the site on which it is located, taking into consideration factors that may include proposed use, conceptual site plan and building massing, topography, environmental resources, and integration into existing development patterns (such finding, with supporting reasoning, to be set forth in reasonable detail);  

(d) that the proposed Project appears financially feasible within the housing market in which it will be situated (based on comparable rentals or sales figures);  

 (e) that an initial pro forma has been reviewed, including a land valuation determination consistent with the Department’s guidelines, and the Project appears financially feasible and consistent with the Department’s guidelines for Cost Examination and Limitations on Profits and Distributions (if applicable) on the basis of estimated development costs;  

 (f) that the Applicant is a public agency, a non-profit organization, or a Limited Dividend Organization, and it meets the general eligibility standards of the housing program; and  

 (g) that the Applicant controls the site, based on evidence that the Applicant or a related entity owns the site, or holds an option or contract to acquire such interest in the site, or has such other interest in the site as is deemed by the Subsidizing Agency to be sufficient to control the site.  

 The Subsidizing Agency shall provide copies of its written determination of Project Eligibility to the Department, the Chief Executive Officer of the municipality, and the Board.

Public Comments

Comments can be submitted online using the Town's website by CLICKING HERE.

Or, comments can be submitted in writing to the Planning Department by emailing Rob Watchilla at watchillar@amherstma.gov.