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LAU LIP Lottery Agent 40B

There is no required format for a comprehensive permit decision, but typically it contains the following


„„ Procedural History: a summary of the application, location of the site, basic statutory and regulatory

requirements (e.g., hearing dates, notification dates, the Subsidizing Agency’s PE determination

date, identification of ZBA members sitting on the case), and a summary of the key issues

raised during the hearing as well as the applicant’s response.

„„ Governing Law: Citation of Chapter 40B and the requirements it imposes on the municipality and

the applicant.

„„ Findings of Fact: The ZBA’s factual determinations on matters within the scope of the statute

(e.g., the city or town’s progress toward achieving the statutory minima, how the project addresses

local concerns and why the ZBA’s decision is consistent with local needs)

„„ Decision: A statement that the application is approved, approved with conditions, or denied.

„„ Conditions: Assuming an approval, the conditions section is the heart of the decision. It will eventually be used by the building official as a checklist to determine whether the developer has met

all of the requirements for a building permit and later, a certificate of occupancy. As such, the conditions

must be written clearly and succinctly, they must describe actions that can be measured in “yes” or “no” terms, and they cannot include requirements for further review or approval by the ZBA.