Kanso 40B - FAQs

On August 27, 2024, AvalonBay Communities filed an application with Massachusetts Housing Partnership (MHP), under Massachusetts General Laws Chapter 40B, to develop a multifamily complex—known as “Kanso Maynard”—at 182 Parker Street. MHP will consider issuing AvalonBay a “project eligibility letter” (PEL), which would allow Kanso Maynard to move forward under Chapter 40B regulations.

Has any application to permit Kanso Maynard been filed with the Town?

No. No permit applications have been filed, nor can they be filed until a PEL is issued.

What is a 40B?

Chapter 40B is designed to facilitate construction of affordable housing in communities where less than 10 percent of housing stock is affordable.  Under Chapter 40B, developers can bypass certain local zoning regulations. So long as 20 to 25 percent of the project units meet the state’s definition of affordable housing, regulations such as allowable density, design standards, and other local by-laws, regulations, and ordinances may be bypassed. The law provides a limited opportunity for Town officials to alter the developer’s plans. To learn more about Chapter 40B, click here.

What is the Definition of Affordable Housing?

The Commonwealth of Massachusetts defines affordable housing as housing available to seniors and families who make less than 80% of median household income for the area and are priced at 70% or less of the median rental or sale price. More information on the local income limits that define affordable in our area can be found here, on the Regional Housing Services Office website. Due to the high cost of housing in the area, many middle-income households qualify for affordable units. To learn more about affordable housing needs in Maynard, you can click this link to read Maynard’s Housing Production Plan.

“Friendly” vs. “Unfriendly” 40B developments

• “Friendly” 40B - In this process, also known as a Local Initiative Program (LIP), the developer works with the town to minimize density, improve setbacks, and blend in with the neighborhood. The town’s boards then approve the development before sending it to the state for final green light. This process allows for negotiation and compromise between developer and Town. To date, the vast majority of Maynard’s affordable housing stock has resulted from this process.
• “Unfriendly” 40B -The developer bypasses local zoning and pursues relief directly through the state. These developments are often dense, out of character, and typically don't comply with zoning by-laws and local regulations. An unfriendly 40B development may be proposed in any municipality that fails to meet state affordable housing quotas. To learn more about Maynard’s Zoning By-laws click here. 

Kanso Project and Site Overview

• contains 32+- acres in “Single Residence 2” (SR-2) zoning.
• covered predominantly by wetlands and woodlands.
• proposes 200 units with a total of 340 bedrooms, including eighty (80) one-bedroom units, one hundred (100) two-bedroom units, and twenty (20) three-bedroom units.

To view the Kanso project materials, click here. As of August 27, 2024, the project began a comment period that concludes with submission of Town’s response to the proposed development by October 21, 2024 (public comments will be accepted until October 4). During this period, the Town will collect and organize comments it believes should be factored into MHP's decision of whether to issue a PEL.  

Once the comment period has concluded, MHP will decide whether to authorize a PEL, which then allows the developer to apply for a “comprehensive permit” from Maynard’s Zoning Board of Appeals (ZBA); Chapter 40B streamlines the construction permitting process exclusively under the ZBA. Once the comprehensive permit application is submitted, the ZBA will schedule public hearings, which must result in a decision on the application within 180 days. If the ZBA approves the comprehensive permit the project may proceed; if it does not, the developer retains the right to appeal the decision to the Housing Appeals Committee (HAC). To learn more about the HAC, click here.

Why has Maynard never been subject to an unfriendly 40B before?

Maynard has worked hard through its Master Plan, Zoning By-laws, Housing Production Plan, and other guiding frameworks to create affordable housing with developers in a cooperative manner. Until 2024, affordable housing production was at sufficient levels to keep Maynard in annual “Safe Harbor,” a phrase the State uses to indicate that a community has reached the minimum threshold for affordable housing stock, and which exempts a town from mandatory 40B development.

How close are we to the 10% affordable unit threshold?

The Subsidized Housing Inventory (SHI) is the data the state uses to confirm whether a town has at least 10% of its housing stock at affordable levels.  The number is a fraction with the numerator being the number of eligible affordable housing units and the denominator the total number of homes in a town. As of September 2024, Maynard is 39 units from meeting 10% SHI.   However, the number is recalculated every ten years (alongside the federal census), so Maynard’s ratio will change again in 2030.  

Can permitted upcoming projects help Maynard reach 10% Safe Harbor in time?

Maybe. Our SHI has us at 9.18%. We are 39 units short of 10%. The ability to add in the permitted upcoming projects (38) puts Maynard in Safe Harbor for at least one year, provided they are accounted for before the developer applies for a comprehensive permit with the ZBA. The Town is making every effort to have these units approved by the state and added to the SHI as soon as possible. 

Don’t we also have the acreage to limit 40B development?

If 1.5% of a town’s developable land is used for affordable housing, that is as good as having 10% or more of all housing units being affordable. It is possible Maynard meets this standard, which is why the town has engaged a third-party to undertake the analysis. EOHLC will ultimately determine if the results qualify Maynard for this aspect of Safe Harbor.

Can Maynard provide potable water to the project as proposed?  

Maynard does not have sufficient water capacity to service this project as proposed at this time. This was confirmed with a project-specific analysis conducted on behalf of the Town by the engineering firm Stantec. 

Could the project proceed without potable water service from Maynard?

The developer could potentially access water supply from another municipality or by digging private wells.

Can the Zoning Board of Appeals deny the project if a potable water source has not been identified?

There are conflicting legal opinions regarding this.  Maynard’s Town Counsel is determining the appropriate course of action for the ZBA based on an analysis of recent legal precedent.  However, MHP has advised the Town that the lack of water (or other infrastructure) may not influence their issuance of a PEL for the project.

Will the Town allow a project to be built without an identified source of potable water? Will it deny the project if a potable water source has not been identified?

The Building Department will not issue a building permit until a water source is identified.

Can Maynard provide sewer service to the project?

A private sewer pump station is required for the development to connect to the existing sewer system. An evaluation of downstream infrastructure from the discharge point to the existing Old Marlboro Road Pump station is required to assess potential impacts and mitigation.

Could the project proceed without sewer service from Maynard?

The developer could utilize the service from another municipality or from an on-site plant.

How can I comment during the MHP “Comment Period”

Until Friday, October 4, 2024, you can comment on the Town’s portal by clicking here.

How can I comment after October 4, 2024?

After October 4, 2024, you can provide comments to the ZBA by emailing OMS@TownofMaynard.net (please put “Kanso ZBA comments” in the subject line). In the even the PEL is issued and a comprehensive permit application submitted to the ZBA, the public can make comments at those public hearings.

How should I frame my comments, including objections to the project?

Please keep in mind that you have the right to comment on any aspect of the project you choose. However, to be of maximum benefit to the Town, questions or concerns regarding the project, should be site-specific, detailed, and backed by fact/evidence.  It is important to recognize that entities charged with implementing the Chapter 40B program regularly hear, and typically dismiss out of hand, factors that are generally typical of any development.  For example, commenting on general traffic increases, school/water capacity, character/lifestyle of adjacent neighborhoods, or objections to multi-family housing are standard public reactions to all 40B projects. While these concerns may be valid, their influence over the 40B process is minimal. Please be aware that comments made without basis in fact, or that are erroneous, may negatively impact future projects that have benefit to the Town.

Can I appeal a Decision of the ZBA?

Parties seeking to challenge approval of a comprehensive permit file their appeal in the Superior Court or Land Court pursuant to M.G.L. c. 40A, § 17. To learn more about the appeals process, click here. An aggrieved developer, on the other hand, will file an appeal with the Housing Appeals Committee (HAC).