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40B BPDA Consultants Lottery Marketing Group

Comprehensive Permit Modifications

The Chapter 40B Regulations provide for two types of modifications the developer may request after

the ZBA has granted a comprehensive permit: an insubstantial change and a substantial change.

(760 CMR 56.05(11)). The ZBA has 20 days to determine and notify the developer/applicant whether

a requested change is substantial. If it is insubstantial, the change is deemed approved. A substantial

change follows the same basic timelines as the original permit: a public hearing must be held within 30

days of the ZBA’s determination, and the ZBA must file its decision with the city or town clerk within 40

days of the hearing. Under DHCD’s Chapter 40B Regulations, changes such as an increase of 10 percent

or more in building height or number of units generally qualify as substantial modifications (760 CMR