If the ZBA and applicant cannot reach agreement, the ZBA needs to ensure that the conditions it plans
to impose will withstand review by the HAC. The decision must have carefully developed findings of
fact that are supported in the record by testimony from qualified professionals (peer review consultants
and municipal staff). For appeal to the HAC of an approval with conditions, the developer has the burden of proving that one or more of the ZBA’s conditions makes the project uneconomic. If the
developer satisfies this requirement, the burden shifts to the ZBA to show that the conditions are consistent with local needs. In these cases, the HAC’s duty is to balance the regional need for affordable
housing with the degree to which the project threatens public health or safety or the environment, or
is seriously deficient in terms of site and building design or provision of open space.