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40B Lottery Agent and Inclusionary Housing


Chapter 40B allows developers to request and ZBAs to grant waivers from local bylaws or ordinances and regulations. For zoning, the only waivers the developer is required to identify are those involving requirements on “as-of-right” development in the district where the site is located. Special permit requirements do not apply because special permits are voluntary on a developer’s part and discretionary on the part of the approval authority. Waivers of subdivision regulations are not required unless a project involves a subdivision of land under G.L. c.41, §81L, unless as-of-right requirements in the zoning ordinance cross-reference the Planning Board’s subdivision regulations. Other waiver requests that typically appear in comprehensive permit applications involve local (non-zoning) wetland bylaws and supplemental Title V rules where they exist.