Gene Grella shares correspondence from EOHLC on the LIP Process (Friendly 40b)

Note: The email correspondence has been formatted for publication here. A PDF copy of the email is linked to below.

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Dear Mr. Grella,

My colleague Rieko Hayashi forwarded me your email with questions regarding the LIP process. I've responded to your questions below, in red. Please let me know if you have any additional questions.

Thank you,

--

Caitlin Loftus 

Counsel

Office of the General Counsel

Executive Office of Housing & Livable Communities

100 Cambridge Street, Suite 300

Boston, MA 02114

(617) 573-1506 

From: Gene Grella <gene.p.grella@gmail.com>

Sent: Friday, October 31, 2025 11:47 AM

To: Samadi, Derya (EOHLC) <Derya.Samadi@mass.gov>; Hayashi, Rieko (EOHLC) <rieko.hayashi@mass.gov>; Loftus, Caitlin (EOHLC) <Caitlin.Loftus@mass.gov>; Jeffrey N Roy <jroy@ravechroy.com>; Jeffrey.Roy@mahouse.gov <Jeffrey.Roy@mahouse.gov>; Jeff Roy <jeffreynroy@gmail.com>

Subject: Questions about LIP Process

Reiko and Derya,

I've copied my State Rep Jeff Roy here in the hope that you will answer my emails as I have not seen any reply to my others.  Also, I have consolidated all my questions to this one email and my questions are hypothetical and have nothing to do with any particular project so your answers just apply to your understanding of the LIP program and the law.

Question 1:  If a developer is already in the ZBA public hearing process of a Friendly 40b filed under the LIP program and the town, who has partnered and written a letter in support for that project, now decided to withdraw its support (through a letter from the CEO aka Town Council), what happens to the project? 

Without the town support, the project would no longer be able to proceed under LIP. However, the developer could apply for a project eligibility letter and then a comprehensive permit on its own through a different program.

Question 2: If the support is withdrawn and the developer has to file on their own to continue with the project:  A) Does the project start over from a timeline perspective? 

If the developer is no longer proceeding under LIP and wanted to pursue a different program, the developer would need a new project eligibility letter and comp permit application. 

B) Can the ZBA invoke Safe Harbor? 

Yes, if a board believes it has satisfied a safe harbor for a new comp permit application, it can assert that claim in accordance with the timing and procedures provided in 760 CMR 56.03(8).

Question 3: I've found the following passages in the LIP section of the Comprehensive Permit guidelines. I give specific pages.

My question is:  If a 40b project has undergone considerable changes, does the CEO need to continue to confirm support and if they do not, what happens to the project? 

Material changes would require an amendment of the project eligibility letter, and EOHLC would not issue an amended PEL without the CEO's concurrence, in accordance with the 40B guidelines, including the provision you cited below. If the CEO withdraws their/the municipal support, then the project would not be able to proceed as a LIP.

Thank you in advance.  See below for specific language from the guidelines.

Pg 72.  (1) A letter of support signed by the Chief Executive Officer of the municipality. DHCD expects local public officials to act in good faith and expects local support for housing proposed under the LIP not to be unreasonably withheld. The purpose of LIP is premised on the fact that a municipality and a developer are working in concert on a project that meets the community’s needs. If a project changes substantially during the course of the permitting process, such that it is no longer consistent with that which was approved by the chief executive officer and DHCD, DHCD reserves the right to request a letter from the chief executive officer stating that the project remains locally supported as a condition of final approval

Pg 79  Amending the Determination of Project Eligibility (1) Material Change - Any material changes in any of the conditions of a Determination of Project Eligibility (e.g., a change in the development team, the number of units, unit mix, size, design, location, extension of the term of the Determination of Project Eligibility, proposed sale of the project, etc.) REQUIRE that the Determination be amended. DHCD shall be notified immediately if either the Developer or the municipality anticipates any material change in the terms of the initial Determination of Project Eligibility. (2) Local Approval - The Developer must secure concurrence of the chief executive officer for the proposed change. DHCD will not issue an amended Determination without such local approval, unless it is unreasonably withheld, and without compliance with these requirements. (3) DHCD Review - DHCD may perform an additional site visit, meet with representatives of the municipality and the Developer, and/or request additional financial information, revised site plans, etc., prior to acting on a requested amendment. (4) Final Approval Withheld - Final approval may be withheld if the Project is not consistent with the Determination of Project Eligibility. 

Sincerely,

Gene Grella

The PDF copy of the email correspondence forwarded to me to share:

https://drive.google.com/file/d/17CEYt2Ink3yRqxj5yAJ2reYLq-KMHkBw/view?usp=drive_link

Gene Grella shares correspondence from EOHLC on the LIP Process (Friendly 40b)

Housing recap Via Executive Office of Housing and Livable Communities

one of several slides in the reel

 

"Why is housing so expensive?  

We break it down in 60 seconds and show three things the Healey-Driscoll Administration is doing about it right now."

View the Instagram reel from Executive Office of Housing and Livable Communities ->

https://www.instagram.com/reel/DOoETNok6MX/

another one of several slides in the reel

Where can we build?

via the Massachusetts Housing Partnership:

Where can we build?

In addition to summarizing overall characteristics of western Massachusetts parcels, our Center for Housing Data’s new Western Massachusetts Parcel Explorer can help find potential development sites that fit criteria based on a project type of interest.
 
The CHD team worked through four project typologies to demonstrate how users can explore the data to identify an initial set of sites to explore that fit regional and community housing priorities.
 
These slides walk us through Scenario #1: Infill opportunities in neighborhoods with existing residential density
 
Read the full report -> https://www.mhp.net/news/2025/western-mass-development-opportunities

Shared from -> https://www.instagram.com/p/DL2Z7ecMeNi/

Editor's Note: Yes, the details of the report focus on Western MA. The overall approach is not far off from any other area of MA.

Development Scenarios

Scenario 1: Infill opportunities in neighborhoods with existing residential density

Scenario 2: Accessory dwelling units near existing infrastructure

Scenario 3: Proactive investments to preserve affordable housing

Scenario 4: Diverse strategies and partnerships in Gateway Cities

2 articles from the Boston Globe on the MA housing crisis and possible solutions

(1) Via the Boston Globe:  "Opinion | How Mass. can streamline its homebuilding process"

"It’s no secret that homeownership is out of reach for many people in Massachusetts. The average sale price of a single-family home is $642,000, the third highest in the nation. Renting instead is cold comfort; the average Greater Boston apartment costs $3,058. Although the state and local communities have taken steps to increase the housing supply, more housing still needs to be built.

Massachusetts achieved its notorious reputation for unaffordability by layering barrier upon barrier to new housing. In new research published by the Pioneer Institute, we lay out what we learned about the arduous and uncertain homebuilding process by interviewing builders, planners, lawyers, and scholars from across the state."

Shared from ->

https://www.bostonglobe.com/2025/02/21/opinion/homebuilding-permitting-process-massachusetts/

How to access the Globe via the Library with your library card

https://www.franklinmatters.org/2025/02/how-to-access-online-resources-with.html

Go directly to the brief that lead to this article

https://pioneerinstitute.org/wp-content/uploads/PNR-608-Permit-Reform-02192025.pdf

(2) via the Globe ->  "State commission on housing production targets single-family zoning, other sweeping reforms"

"Single-family neighborhoods are synonymous with the American Dream. Their driveways and grassy yards define the communities of suburban America, including Greater Boston.

But are they also compounding Massachusetts' deep housing crisis?

A state-appointed commission focused on the state’s worsening housing shortage in fact identified single-family-only zoning — the land-use rules that created suburban single-family neighborhoods — as a primary obstacle blocking the surge of construction Massachusetts desperately needs to address its housing problem.

And so the commission proposes a seemingly profound idea: get rid of single-family zoning — everywhere in Massachusetts."

Continue reading the article online ->  https://www.bostonglobe.com/2025/02/21/business/massachusetts-housing-affordability/

MA housing crisis and possible solutions

How to access the Globe via the Library with your library card

https://www.franklinmatters.org/2025/02/how-to-access-online-resources-with.html

Housing commission press release on the report ->   https://www.mass.gov/doc/building-for-tomorrow-a-report-from-the-unlocking-housing-production-commission

Direct access to the Housing Commission Report ->    https://www.mass.gov/doc/building-for-tomorrow-a-report-from-the-unlocking-housing-production-commission/download

MA Housing Plan has set a giant goal to achieve by 2035

historical view on annual permits for housing

 

"Massachusetts new Housing Plan has set a housing production goal of 222,000 units by 2035. A 22,000 unit average would require us to build at a pace not seen since the 1980s, with annual permits likely needing to exceed 22,000.  

Mass issued 11,600 permits in all of 2023."

Shared from ->   https://x.com/berkie1/status/1887532943653929225

Download the full plan to read 

Download the full plan to read and/or share -> https://www.mass.gov/doc/a-home-for-everyone/download

Download the Housing Needs Assessment -> https://www.mass.gov/doc/statewide-housing-needs-assessment/download

Mass Housing Project has released #Residensity, a cool tool for the Franklin zoning & housing discussion

"Extra, Extra 📰: Our latest data tool is now live. It allows for parcel analyses anywhere in MA. That's 2.16M parcels in the database. 

We hope #Residensity will help communities envision how to effectively address their housing needs. 

This thread outlines what it can do.⬇️"

Shared from Twitter -> https://twitter.com/mhphousing/status/1626326817568169988

Or read the thread in this PDF document

https://drive.google.com/file/d/1iaKB_0goRut40A1TWocBgECQTw2edbyG/view?usp=share_link

Or go directly to #Residenisty and start playing  https://residensity.mhp.net/

I set up a neighborhood using the .5 miles around the Franklin/Dean Depot Station. You can view the output of that here ->  https://drive.google.com/file/d/1gPg1jZP-r0gXnTrNgUk1PMZwAfjuczD-/view?usp=share_link

Mass Housing Project has released #Residensity, a cool tool for the Franklin zoning & housing discussion

MassCEC Seeking Applicants for Triple Decker Retrofit Pilot

I don't know how many triple deckers we have in Franklin. I believe the current building code is such that we couldn't build one. That I think is an issue. This type of housing could be a worthy addition to our housing stock in Franklin.

 

Apply by Dec. 21st!

View this email in your browser The Massachusetts Clean Energy Center (MassCEC) is now accepting applications for the market rate track of the Triple Decker Retrofit Pilot. This pilot builds on the lessons learned from our Triple Decker Design Challenge and will offer selected triple decker owners: Technical support to implement a high-efficiency, all-electric retrofit Financial incentives: Up to $70,000 for a standard triple decker retrofit Up to $125,000 for triple deckers adding a new unit as part of the project Performance monitoring  This is a great opportunity to get the technical support and financial assistance to bring your triple decker into the 21st century! Please share this opportunity with your network! If you might be interested, please reach out with any and all questions to buildings@masscec.com.   Learn More & Apply Copyright © 2022 Massachusetts Clean Energy Center, All rights reserved. Our mailing address is: Massachusetts Clean Energy Center 294 Washington St. Suite 1150 Boston, MA 02108

Mass Housing Partnership: MBTA community webinar series (video)

"In part 5 of our series, "More than Compliance," DHCD's Nathan Carlucci explains what's needed for interim compliance with the state's new zoning requirement. 

Missed it? Watch the video & sign up for session 6, Exploring Housing at Different Densities."

 Register for webinar ->  https://t.co/LWsxNQ31jm

The series was scheduled to run for nine consecutive Wednesdays, from 12 to 1:30 p.m., through Nov. 16. A new session on affordability has been added for Nov. 30. 

• Sept. 21: The Case for Complete Neighborhoods with Christine Madore, MHP. VIDEO
• Sept. 28: Water and Wastewater Basics for MBTA Communities (Hancock Associates) VIDEO
• Oct. 5: Complete Streets and Neighborhoods for MBTA Communities (MAPC) VIDEO
  
• Oct. 12: Encouraging Family-Friendly Housing in MBTA Districts (MAPC) VIDEO
• Oct. 19: Getting Started for MBTA Communities (DHCD & MHP). VIDEO

Shared from Twitter -> https://twitter.com/mhphousing/status/1583092426679681028

Mass Housing Partnership: video webinar series on housing (video)

Massachusetts Housing Partnership: MBTA community webinar series kicks off (video)

"Missed session 1 of our 9-part series on how cities & towns can use MBTA zoning law as springboard to create neighborhoods that address housing, climate & equity? Watch video.  

Hear our panel discuss benefits of centering housing near transit. https://bit.ly/3T7Mfiz @berkie1"

Shared from Twitter ->  https://twitter.com/mhphousing/status/1573311406904049664

This provided terrific context for our downtown zoning improvements! Only have 15 minutes? Be sure to watch @MadoreChristine's fantastic overview (@ 7:14) of the case for "complete neighborhoods."

Shared from Cobi Frongillo's Twitter ->   https://twitter.com/CobiFrongillo/status/1573405752089522176

 

Massachusetts Housing Partnership: MBTA community webinar series kicks off (video)

Massachusetts Housing Partnership schedules webinar series on MBTA community housing guidelines

Via the Massachusetts Housing Partnership @mhphousing:

"Our webinar series on new MBTA community guidelines features experts on topics ranging from infrastructure basics to community engagement to messaging strategies. Sept. 21 kickoff: 9 consecutive Wednesdays.  

Registration is open. http://bit.ly/3T7Mfiz #HousingCrisis #housing"

Massachusetts Housing Partnership schedules webinar series on MBTA community housing guidelines

For more about the Massachusetts Housing Partnership visit their page ->

https://www.mhp.net/

Franklin vs Worcester housing production by permit since 2000

"Worcester is looking at inclusionary zoning to add affordable homes. This chart shows how slow housing development has been last +10 yrs, even as city's population grew.  

For more graphics like this, check out http://mhp.net/datatown"

Worcester data:

housing development has been last +10 yrs in Worcester, MA

What does Franklin's data look like? 

Note: please be careful with the visual comparison. The volume scale for Franklin (300-200-100) is significantly less than Worcester's (600-400-200).

 

The chart depicts how many new housing permits that Franklin has issued for each year of the data collection (net of demolitions), broken out by type of building

Check out more data from the Mass Housing Project's Datatown source

https://mhpcenterforhousingdata.shinyapps.io/DataTown/#

The Datatown query does allow for comparisons with communities so I did manage to put the Franklin and Worcester data together to see the info on the same scale:

Franklin and Worcester data together to see the info on the same scale

Sparked by the MHP tweet - https://twitter.com/mhpdata/status/1551662361110630401

Climate Ready Housing: An MHP/MassHousing Program in Partnership with DHCD

"The goal of the Climate Ready Housing Program is to support projects that dramatically reduce carbon emissions. We seek to transform affordable housing to be super energy efficient, all-electric, powered by clean renewable energy, and renovated with low-embodied carbon materials. 

Such work prioritizes the health of residents through better ventilation and the removal of combustion appliances; reduces long-term operating costs; ensures building durability; improves resiliency; and positions affordable housing to comply with new carbon regulations that are already in place or anticipated in the future. 

MassHousing and Massachusetts Housing Partnership (MHP) are administering the program on behalf of the Massachusetts Department of Housing and Community Development (DHCD). MassHousing and MHP have engaged with LISC to further assist with program administration."

For more on this program and description of funding opportunities
https://www.lisc.org/boston/our-work/green-homes/climate-ready-housing-program/

 

Housing Up's Weinberg Commons, the first apartment building retrofit to Passive House standards in the United States. Once a derelict complex with mold issues, Weinberg Commons now provides healthy, luminous, and comfortable residences for 36 families in need of affordable, quality housing (Photo Credit: LISC).

Tip of hat to Karen Kelleher for sharing the link via Twitter -> https://twitter.com/kkelleher76/status/1508629783793618947