What is the difference between a 40R and 40B?

A Comprehensive Permit (or 40B) Project is usually a developer-driven project that is NOT permitted under local zoning for both the proposed use and density. It is required to have 25% of the proposed units designated as "affordable housing units" as defined under MGL. A 40B. 40B projects are reviewed by the Zoning Board of Appeals and are exempt from all local zoning regulations.

A 40R Smart Growth Overlay District is a locally-adopted zoning district that encourages higher density housing developments. It requires 20% of the housing units to be designated as affordable. A 40R Smart Growth Overlay District provides communities more control over the location, density and design of these projects. The Planning Board is the permit granting authority and all local zoning regulations apply. The following image includes Chapter 40A (Zoning statute) in comparison to 40B and 40R, outlining the differences in the control a community has over location, density and design of development:

Zoning Comparisons

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1. Where is the Smart Growth Overlay District located?
2. Why a Smart Growth Overlay District in the Elm Street and Upper Clarks Road Area?
3. What are the future development possibilities in the Smart Growth Overlay District?
4. What is the difference between a 40R and 40B?
5. What makes this location suitable for a 40R designation?
6. Does Amesbury already have a 40R, and if so, what are the benefits to Amesbury?
7. What are the proposed sub-districts and how many housing units are allowed within each sub-district?
8. How much density is required under a 40R District?
9. What is affordable housing and what are the likely rental rates?
10. How many units are in the approved 40B development?
11. Does the approved 40B require adding a separate emergency access?