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40B ZBA Experts

For at least three reasons, the ZBA’s job today is – or should be – a little less complicated. „ First, the Chapter 40B Regulations were overhauled in February 2008, clarifying the roles and responsibilities of housing subsidizing agencies, ZBAs, developers, and others, and providing explicit authority for DHCD to issue enforceable program guidelines. „ Second, pursuant to the 2008 regulations, DHCD has produced and periodically updated a set of Chapter 40B Guidelines that provide administrative guidance for comprehensive permit projects, the Local Initiative Program (LIP), the Subsidized Housing Inventory (SHI), affirmative fair housing marketing and resident selection plans, and related matters. „ Third, in 2010, the Supreme Judicial Court issued a key decision in Zoning Board of Appeals of Amesbury vs. Housing Appeals Committee, further clarifying the ZBA’s role and limiting the conditions a ZBA can impose in a comprehensive permit to the types of conditions that city or town boards typically impose on special permits and other local approvals, e.g., building construction and design, siting, planning and zoning, public health, public safety, and environmental protection. In light of all that has changed since 2005, MHP has decided to publish new local review guidelines that reflects these and other changes.