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40B and Comp Permit Process and AFHMP

The Project Eligibility Letter (PEL) issued by the Subsidizing Agency.

A list of requested waivers from local ordinances or bylaws and regulations.

Examples of how to apply the regulations to practical experience can be found on the opposite page. Most of the elements listed under Existing Conditions and Proposed Conditions are required for a complete PE Application to MassHousing. The existing conditions and project information submission requirements for MassHousing’s PE process can be found in Appendix 7.3. They are a useful guide for ZBAs to consider incorporating in local comprehensive permit submission requirements. Nevertheless, it is important to remember that not every application will need all of the information listed here, especially small projects or projects that do not involve construction in or near wetland buffer areas. Application requirements should be reasonable and relate rationally to the scope of the ZBA’s review.

There are many positive examples of a ZBA and developer negotiating site design changes, the result being a comprehensive permit issued on terms the developer could accept. It is very difficult to con-duct this kind of negotiation if the ZBA has required the developer to submit detailed civil engineering plans as part of the original comprehensive permit application. A detailed engineering review should not occur until the ZBA and the developer have agreed upon basic project design.