If the developer claims that conditions the ZBA wants to impose will make the proposed project un-economic, the ZBA may subject the developer’s pro forma to an independent peer review. The review should be consistent with policies of the Subsidizing Agency and, as applicable, Part IV of DHCD’s Chapter 40B Guidelines. Key definitions to be used in making an uneconomic determination can be found in Appendix B.

Matters Reserved for Subsidizing Agencies
Recent case law and changes to the Chapter 40B Regulations have helped to distinguish aspects of comprehensive permits that belong with the ZBA and those reserved for Subsidizing Agencies. As with any other type of development, local jurisdiction includes the physical and operational aspects of a project and its impact on public health and safety and environmental design. In general, conditions of approval that involve these interests are appropriate for a comprehensive permit, assuming they are based on local requirements, customarily apply to other types of housing development in the community, and do not make the proposed project uneconomic.