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Affordable Housing Rental and Homeownership Attorneys

If a comprehensive permit project requires an Order of Conditions under G.L. c. 131, § 40 (Wetlands Protection Act) and needs waivers from a local wetlands bylaw or wetlands protection district (zoning) requirements, the ZBA and Conservation Commission should work cooperatively and hire the same peer reviewer. Having one environmental consultant making recommendations about a project can help to avoid conflicts between boards and ensure that developers provide appropriate mitigation. 5. Encourage the developer to meet with neighbors before the public hearing and outside the public hearing process to address neighborhood concerns, wherever possible. While the ZBA cannot discuss a comprehensive permit application outside the public hearing, nothing prevents the developer from trying to work with abutters to address valid neighborhood concerns. Sometimes it is easier to resolve disagreements between the parties in an informal setting, which in turn can help the ZBA bring the public hearing to a close within the 180-day timeframe imposed by DHCD’s Chapter 40B Regulations. (See Chapter 4, Critical Timelines for additional guidance.)