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40B Lottery and Apartments


Chapter 40B authorizes a ZBA to approve as proposed, approve with conditions, or deny a comprehensive permit application. The HAC will not overturn local denial of a comprehensive permit if the city or town meets one of the statutory minima or another safe harbor under the Chapter 40B regulations.

Except for these circumstances, however, the HAC has generally not supported denials if the ZBA could have granted a comprehensive permit with reasonable conditions to protect health, safety, open space, and site and building design concerns. Accordingly, ZBAs should view denial of a comprehensive permit as a “last resort” measure to be taken only when there is no practical way to approve the project with conditions.