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BPDA Compliance Lottery Agent

Once the developer and ZBA agree on a proposed plan (including negotiated changes, if any), the ZBA should grant the waivers requested by the developer. It is the developer’s responsibility to identify the waivers needed in order to build the project. As a rule, the ZBA should not grant what is commonly known as a “plan waiver,” or a blanket waiver to accommodate conditions that may be apparent on the developer’s plan but not specifically identified in a list of waivers requested by the developer. As efficient as a general plan waiver may sound, unless the application identifies the specific waivers needed, it can be very difficult for the building official to apply and interpret later when the developer submits final plans in anticipation of filing a building permit application. Instead, the ZBA should approve the specific waivers requested by the developer and, in conditions of approval, indicate that if the developer identifies a need for additional waivers later, the ZBA will entertain a request for minor modification of the comprehensive permit if the additional waivers are substantially consistent with the approved plans. Taking this approach reserves appropriate control over the extent of waivers granted by the ZBA, but at the same time gives the developer reasonable certainty that other waivers, if needed, will be granted in a timely manner.