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Lottery Agent MA affordable housing

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.