Smolak & Vaughan LLP has a well-known reputation and extensive experience in the area of affordable and multifamily housing, and has been involved in the rezoning, permitting and/or development of over 4,000 multifamily and single family units throughout Massachusetts. The firm has experience with rezoning under conventional zoning (Chapter 40A), the multifamily and mixed use development process and projects under Chapter 40R, and extensive experience with affordable housing projects under Chapter 40B, often involving funding through the Community Preservation Act. We also have experience in counseling developers under the newly released MBTA Communities Guidelines, as amended, and related compliance guidelines for multi-family zoning districts enacted under the Housing Choices legislation which amended Section 3A of Chapter 40A. Our projects frequently involve mixed use or stand-alone developments often involving State incentive programs such as the Community One-Stop Program (formerly MassWorks), the Passive House incentive program, and other programs designed to enhance development opportunities. We have also developed strong working relationships with the Commonwealth’s four housing agencies including the DHCD, MHP, MassDevelopment and MassHousing.
Our experience includes analyzing and structuring complex deals, coordinating projects of significant scope and complexity, and providing counsel throughout the development process. We actively represent owners and lenders in all aspects of multifamily and affordable housing, from initial permitting assessments, to permitting work, to appeals and through the final approval regulatory documentation. We also represent lenders in structuring and financing affordable and multifamily housing. We have significant expertise representing developers before local zoning boards of appeal in connection with the Massachusetts comprehensive permit process under Chapter 40B, and regulations promulgated by the Massachusetts Department of Housing and Community Development. We have also participated in commenting on, and drafting proposed modifications to, the updated Comprehensive Permit Regulations and related 40B Guidance issued by the DHCD. We have served as a member of the DHCD’s Homeownership Advisory Group which was established to review current multifamily housing policy within Massachusetts.
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