40B Housing Projects and Information
Chapter 40B Status:
- Housing Production Plan (HPP) approved by DHCD April 25, 2019
- Walpole Subsidized Housing Inventory (SHI) as of August 9, 2023
- Safe Harbor 2-Year Certification Letter - April 27, 2021 to April 26, 2023
- Suspension of Safe Harbor 2-Year Certification, as of June 22, 2022
- Walpole 40B Status Update, as of July 12, 2022
Guidelines & Regulations:
- Massachusetts General Law Chapter 40B
- ZBA Handbook for 40B
- Overview of Chapter 40B Fundamentals
- State's 40B Design Review Guidelines
- Department of Housing and Community Development (DHCD) Guidelines
- ZBA 40B Rules and Regulations, Adopted November, 20 2019
General Information:
- 40B Informational Guide
- Omni 40B Questions sent 10/6/19 from Joanne Mulligan & Julie Lowre to Jim Johnson
- Critical Deadlines for 40B Comprehensive Permits
- Presentation by Judi Barrett on 11/12 Overview of 40B
Status of Proposals & Projects:
Below is a brief overview of Chapter 40B proposals.
Contact Patrick Deschenes, Community Development Director, with any questions at: pdeschenes@walpole-ma.gov or 508-660-7352.
Project Name - The Sanctuary on East
- Applicant KIG/Silverstrand Walpole, LLC
- Address 981, 989 and 1015 East Street (Maps 25 and Lots 165, 165, 166)
- Specifications
- Proposed six story building with a total of 142 apartment units.
- Below grade garage containing 59 full size parking spaces and an additional 112 full and compact spaces for a total of 171 parking spaces.
- Mix of Studio, 1BR, 2BR and 3BR
- Unit sizes rage from 500 sqft for a studio and 1,295 sqft for a 3BR.
- 36 units (25.3%) will serve households earning at or below 80% AMI
- Status
- Application submitted to the Town on May 30, 2023.
- Public hearing to open Monday, June 26, 2023.
Project Name - Cedar Edge (Original Project)
- Applicant Omni Development LLC
- Address 55 Summer Street
- Specifications
- Approved: 268 total units: 56 ownership units and 212 rental units
- Two (2) apartment buildings comprised of 160 total units
- Four (4) townhouse buildings containing six (6) townhouse units each (24 units)
- Seven (7) townhouse buildings containing four (4) townhouse units each (28 units)
- Thirty-eight (38) single-family dwellings
- Nine (9) duplex buildings containing two (2) townhouses each (18)
- 4 other buildings. (1: clubhouse; 1: maintenance bldg.; 2 mail huts)
- Approved: 268 total units: 56 ownership units and 212 rental units
- Status:
- Application submitted to the town: 1/15/2020
- Public hearing opened: 3/4/20; Public hearing closed: 3/29/20
- Board voted to grant Comprehensive Permit: 4/14/21
- Final Decision of Comprehensive Permit filed w. the Town Clerk on 4/27/21
- Appeal of granted Comprehensive Permit by Applicant submitted to HAC: 5/12/21
- Revised Decision issued by the HAC: 8/20/21
- HAC Decision appealed to Superior Court: 9/17/21
- Appeal on HAC-issued decision is dismissed from superior court: 1/27/22
- The Developer has engaged the Town in the pre-construction process
- SHI Status 226 units to be added to the Town's subsidized housing inventory
- 2023 Modification Cedar Edge
- Replace the fifty-six (56) ownership units on lot 2, which were proposed as single family and duplex units, with a fifty-six (56) unit, four story multifamily rental building with both uncovered and covered surface parking.
- Move three (3) townhome buildings that are nearest the rail bed from lot 1 to lot 2.
- Eliminate the Homeowner's Association as both lot 1 and 2 will be help in common ownership.
Project Name - Burns Avenue Development
- Address:
- Original Comprehensive Permit: 48 Burns Avenue (Assessors Map: 20; Lots 119, 136 & 137)
- Project Change/ Amendment: 48 Burns Avenue (Assessors Map:20; Lots 136 & 137); Union Street (Assessors Map: 20; Lot 119); 7 Brook Lane (Assessors Map: 20; Lot 115)
- Applicant Wall Street Development, LLC
- Specifications:
- 32 owner units (granted in initial Comprehensive Permit)
- 40 owner units proposed in Project Change/Amendment (denied by ZBA)
- 38 owner units proposed in remanded Project Change/Amendment (denied by ZBA)
- 20 owner units proposed in remanded Project Change/Amendment (Approved by ZBA)
- Status :
- Application submitted: 2/13/19; Hearing opened: 3/6/19; Hearing closed: 12/4/19
- Decision rendered on January 6, 2020 and filed with the Town Clerk on 1/13/20.
- Applicant submitted 1st Modification Request of the Comprehensive Permit on 4/26/20.
- 1st Modification deemed Substantial by ZBA on 5/6/20
- Opening of Public Hearing: 11/18/20
- Public Hearing closed: 1/6/21
- Board rendered decision to deny Substantial Change of 1st Modification Request on 2/11/21
- Decision filed with Town Clerk on 2/18/21
- Applicant appealed 1st modification decision on 2/24/21
- Housing Appeals Committee issued its decision to the appeal which remanded the case back to the Board on 11/8/21
- Public Hearing for 1st Modification reopened on 12/6/21
- Decision (to deny once again) filed with Town Clerk on 6/3/22
- Applicant appealed the decision to Housing Appeals Committee on 6/15/22
- The Housing Appeals Committee issued its ruling dated 1/11/2022, which ruled that new proposed changes were substantial and that the case shall be remanded back to the Zoning Board of Appeals
- HAC Remand Order was given on 1/26/23
- Public Hearing for 1st Modification reopened on 3/1/23
- Public Hearing closed on 5/15/23
- Decision to approve filed with Town Clerk on 5/17/23
- 2nd Modification deemed Substantial by ZBA on 2/11/21
- Opening of Public Hearing: 3/1/21;
- Public Hearing Closed: 5/5/21 w. deliberations by bd. on 5/19/21
- Board rendered decision to approve the Substantial Changes of 2nd Modification Request on 5/19/21
- Decision filed with Town Clerk on 5/24/21
- Applicant submitted 3rd Modification Request of the Comprehensive Permit on 2/14/21
- 3rd Modification deemed Substantial by ZBA on 3/3/21
- Opening of Public Hearing: 3/24/21
- Public Hearing closed & decision rendered by bd. to deny: 3/24/21
- Decision filed with Town Clerk on 4/7/21
- Public Hearing Closed on 05/04/2022
- SHI Status 8 units could be added to inventory, pending ZBA vote
- MassHousing issued a letter to the Applicant, deeming his modifications to the project substantial (1/31/20)
- Decision rendered on May 15, 2023 filed with Town Clerk May 17, 2023
Project Name - Moose Hill Condominiums
- Address 270 Moose Hill Road
- Applicant Radke Associates, LLC
- Specifications 8 owner units within 4 buildings
- Status:
- Application submitted to the town 5/15/2020
- Opening of Public Hearing: 12/21/20
- Public hearing closed 7/14/21
- Closed Hearing w. deliberations by Board 7/28/21
- Final Decision filed w. Town Clerk 7/29/21
- SHI Status: 2 units added to inventory
Project Name -Diamond Hill Estates (Dupee Street)
- Address Dupee Street and High Plain Street
- Applicant Wall Street Development, LLC
- Specifications: original: 12 owner units; revised: 8 single-family homes
- Status:
- Applicant has submitted eligibility application to MassHousing, 6/3/19
- Application submitted to town 2/28/20
- Hearing opened 3/18/20; Public Hearing closed 5/5/21
- Board voted 4-1-0 to deny Comprehensive Permit and accept draft decision 6/9/21
- Final Decision filed with the Town Clerk 6/10/21
- Appeal of denial of Comprehensive Permit by Applicant submitted to HAC: 6/24/21
- Remand hearing scheduled for 2 March, 2021
- Denial Decision for remand hearing filed with Town Clerk 04/12/2022
- SHI Status: Case is in Appeal with the HAC
Project Name: The Residences at Pinnacle Point (Pinnacle Drive)
- Address: Pinnacle Drive (Map 19, Lots 183 and 182)
- Applicant: Wall Street Development Corp.
- Specifications: PEL for 40 ownership units, Application for 28 ownership units
- Status:
- The applicant received their Project Eligibility Letter from MassHousing on 12/14/20
- Applied for their Comprehensive Permit on 5/4/22
- Public Hearing Opened on 6/1/22
- ZBA Declared Safe Harbor on 6/1/22, formal notification sent on 6/2/22
- Applicant Appeals Safe Harbor to DHCD on 6/13/22
- DHCD declared the Town did not meet burden of proof for Safe Harbor on 7/7/22
- ZBA appealed the Decision of DHCD to the Housing Appeals Committee on 7/20/22
- Notification to HAC sent on 7/26/22
- Case is stayed pending decision of ongoing litigation
- HAC Summary Decision (Safe Harbor): 5/11/2023
- Public Hearing re-opened 6/26/2023
- Extension of time: 7/27/2023
Project Name: The Residences at Darwin Commons (Darwin Lane)
- Address: 32 Darwin Lane
- Applicant: Wall Street Development Corp.
- Specifications: 28 owner units
- Status:
- First Filing
- PEL issued by MassHousing 7/8/21
- Comprehensive Permit Application Submitted, 9/17/21
- Public Hearing opened 10/13/21
- ZBA declared safe harbor on 10/13/21, formal notification sent on 10/18/21
- Applicant Appeals Safe Harbor to DHCD on 10/31/21
- DHCD declared the Town has meet the burden of proof necessary for Safe Harbor on 11/24/21
- ZBA Decision to Deny based on HPP Certificate Safe Harbor: January 28, 2022
- Second Filing
- Applied for their Comprehensive Permit on 4/28/22
- Public Hearing Opened on 5/25/22
- ZBA Declared Safe Harbor on 5/25/22, formal notification sent on 6/2/22
- Applicant Appeals Safe Harbor to DHCD on 6/13/22
- DHCD declared the Town did not meet burden of proof for Safe Harbor on 7/7/22
- ZBA appealed the Decision of DHCD to the Housing Appeals Committee on 7/20/22
- Notification to HAC sent on 7/26/22
- Case is stayed pending decision of ongoing litigation
- HAC Summary Decision (Safe Harbor): 5/11/2023
- Public hearing re-opened: 6/26/2023
- Extension of time: 7/27/2023
- First Filing
Project Name: Neponset Village (Pleasant Street)
- Address: 5 Pleasant Street
- Applicant: Neponset Village LLC
- Specifications: 24 homeownership units
- Status:
- PEL issued by MasHousing 6/3/22
- Comprehensive Permit application submitted to Walpole ZBA on 7/19/22
- Public Hearing opened on 8/17/22
- Safe Harbor invoked on 8/17/22, formal notification sent on 8/18/22
- Safe Harbor appealed by applicant on September 1, 2022
- DHCD declared the Town did not meet burden of proof for Safe Harbor on 9/27/22
- ZBA appealed the Decision of DHCD to the Housing Appeals Committee on 10/5/22
- Notification to HAC sent on 10/14/22
- Case is stayed pending decision of ongoing litigation
- HAC Summary Decision (Safe Harbor): 6/15/23