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40B and Special Permit Lottery Consultants


The Final Approval process is the Subsidizing Agency’s responsibility and it occurs after the ZBA has

issued a comprehensive permit. Final Approval serves several purposes.


The Subsidizing Agency needs to confirm that the project still qualifies under the Project Eligibility (Site

Approval) criteria described earlier in this handbook. Projects do change during the permitting process,

not only due to negotiations with the ZBA, but also because of conditions associated with other

permits and approvals, e.g., an Order of Conditions from the local Conservation Commission under

G.L. c. 131, § 40, a Groundwater Discharge Permit issued by the Department of Environmental Protection,

or a determination under the Massachusetts Endangered Species Act (MESA). The Subsidizing

Agency also needs to consider a ZBA’s request for a local preference and to confirm that other conditions

of the comprehensive permit are consistent with applicable laws, including the requirements of

the applicable subsidy program.