North & South Rivers Watershed Association

Pembroke 40B Housing Project Update

Map of Natural Resources at 274 Water Street, Pembroke Proposed 40b

Since our last update, the state Department of Housing and Community Development has approved a proposed 56 unit River Marsh Village site abutting the North River in Pembroke as eligible for the development. Pembroke has appealed that ruling on the basis of a similarly denied project in 2005 by the same developer.  While Pembroke pursues the appeal process, the developer has the right to move forward with local review of the project through the Pembroke Zoning Board of Appeals.

The 40B Process

Under the 40B process, the developer submits a single application to the zoning board of appeals which then notifies the applicable local boards and requests their recommendations. Within thirty days of the receipt of the application, the zoning board begins a public hearing, which typically continues for several months while concerns are explored and addressed. The zoning board must issue a decision within forty days after ending the public hearing. The zoning board may approve the application as submitted, it can approve the project with conditions or changes, or it can deny the application altogether.  If the board denies the application or imposes “uneconomic” conditions, the developer may appeal the decision to the Housing Appeals Committee.  The developer must still obtain various permits required by state statutes, such as wetlands protection, state highway access permits, and a local building permit.  For further information on the State’s 40B law.

There will be public hearings in January with the date yet to be determined.  Stay tuned and we will notify you of the dates of those hearings as they come available.

Click here to see the Mass. Housing Gives the Green Light to The River Marsh Project video from Pembroke Town News.

Click here to read more about the history of the project.

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