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Affordable Housing Consultants and Apartments

There is no obligation to negotiate with a ZBA, yet clearly, the developer wants the ZBA’s approval and a permit that is not burdened with excessive conditions. If the ZBA’s only objective is to reduce density, the negotiations may not go very far. From the developer’s perspective, density is critical for the feasibility of the project. A more productive approach would be to focus on qualitative ways to improve a project. For example, changing the roof form from gabled to mansard can achieve a modest reduction in the height of a structure without sacrificing stories (and therefore units). Reducing off-street parking requirements could be approved subject to an agreement that the project will include a playground suitable for older children or a reserve parking area built with porous pavers. Developers will want to know all of the issues the ZBA wants to negotiate before agreeing to any significant project changes.