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If the ZBA believes it can deny the comprehensive permit because the community meets one of the statutory minima or qualifies under one of the other “safe harbor” provisions, it makes sense to provide written notice to the developer the first night of the public hearing. The notice must be given within 15 days of opening the public hearing, and usually, the ZBA knows before the hearing begins whether the community is in a position to exercise the safe harbor option.
For more details about Affordable housing lotteries in Massachusetts, please contact us at 617-782-2300.