35 Village Road 40B Development

About the 40B Process


Ferncroft imageThis webpage has been created to allow the public to stay up to date on the Town's permitting process of a 40B project proposed on the site of the Ferncroft Corporate Center at 35 Village Road, Middleton, MA.

All 40B projects follow a standard permitting and approval process regulated by law, outlined below. 

This project is in Step 5 as of January 22, 2026. 

  • Step 1: The developer submits a Comprehensive Permit Site Approval Application to MassHousing. 
  • Step 2: MassHousing notifies the Town of the submission and requests public comments on the proposed project. 
  • Step 3: After a 30-day public comment period, if all 40B requirements are met and the project is found to be eligible, MassHousing issues a site approval that allows the developer to move forward with the project. 
  • Step 4: After the developer receives site approval from MassHousing, they submit a Comprehensive Permit application to the Town. The Zoning Board of Appeals is responsible for reviewing and issuing Comprehensive Permits. 
  • Step 5: The Zoning Board of Appeals opens a public hearing on the project according to standard public hearing rules and regulations. Public hearings for multi-family residential projects such as the proposed project can take several months. When the ZBA and developer are satisfied with the project plan and conditions, the ZBA issues a Comprehensive Permit. 
  • Step 6: After the ZBA issues a Comprehensive Permit, the developer can move forward with site development. Building permits are not issued as a part of the Comprehensive Permit process and must be obtained after a Comprehensive Permit is issued. 

Quick Links

Public Hearing Schedule for 35 Village Road Project 

Note: All meeting dates and topics discussed are subject to change over the duration of the project. Meeting agendas will be posted in advance of the meeting dates.

Meeting DateExpected Topics for Discussion
February 26, 2026Building Design, Building Size and Massing
March 26, 2026Traffic, Parking
April 16, 2026Site Plan, Grading, Utilities, Stormwater
May 28, 2026Landscaping, Lighting
June 25, 2026Follow-up on prior topics

Timeline of Events

Date Event
January 22, 2025 The Zoning Board of Appeals opened a Public Hearing on the project. 
Traffic Study - Full Report
Civil Full Size - WSE - 35 Village

Watch a recording of the January 22 Public Hearing
December 23, 2025 Comprehensive Permit Application filed by Development Team
October 28, 2025 The Town has received the Project Eligibility Letter from MassHousing. MassHousing has determined the project is "generally eligible under the requirements of the Program, subject to final review of eligibility and to Final Approval." MassHousing evaluated the application using the Findings for Site Approval. The project may now apply to the Zoning Board of Appeals (“ZBA”) for a comprehensive permit. In the letter, MassHousing listed seven issues the applicant should be prepared to explore during the public hearing process, including concerns regarding water supply, traffic, and public safety issues.   
September 17, 2025 The Town submitted public comments to MassHousing outlining concerns about the project as currently proposed and highlighting considerations for moving forward. The points raised in the public comment letter reflected discussions with Town officials, board members, and Middleton residents. 
September 2, 2025 The Select Board, Zoning Board of Appeals, and Planning Board held a joint public forum with the developer team. During the forum, the developer team gave an overview of the project and answered questions from the audience. The recording is available to watch on Middleton CivicMedia.
August 19, 2025 MassHousing conducted a project site visit at 35 Village Rd. as part of the determination of project eligibility. Town staff from relevant departments and Select Board, Planning Board, and Zoning Board of Appeals members were invited to attend.
July 31, 2025 A new application for a Comprehensive Permit Site Approval Application was filed with MassHousing by Ferncroft Apartments LLC for the proposed project. The project site is 12.6 acres, and includes an existing 8-story office building and 6-level parking garage. Both existing structures will remain unchanged on the site. The proposed project will include two new residential buildings, one with 5-stories and one with 6-stories. PROJECT NARRATIVE, APPLICATION, SITE PLANS, ARCHITECTURAL PLANS
July 18, 2025 Town Administrator Justin Sultzbach posted a public letter informing Town residents of the proposed project. 
July 11, 2025 Representatives of the Development Project Team met with Town Administrator Justin Sultzbach, Town Planning Director Anna Bury Carmer, and Building Commissioner Scott Fitzpatrick to initiate project communications.