"Anti-Snob" Zoning Act (Chapter 40B Housing)

The Massachusetts Comprehensive Permit Law M.G.L. c. 40B §§ 20-23, enacted as Chapter 774 of the Acts of 1969, also known as the Comprehensive Permit Statute, Chapter 40B or the "Anti-Snob" Zoning Act, encourages the Construction of Affordable Housing, using locally granted permits.

A "Comprehensive Permit" is an all-encompassing permit, which subsumes all permits and approvals normally issued by other local boards. The permit typically allows a developer to build at a higher density than is normally allowed under a municipalities zoning laws.

The law enables a Local Zoning Board of Appeals (ZBA), in consultation with other Local Boards and Officials, to grant a single permit to an eligible Developer pursuing a Development of Low or Moderate Income Housing.

The Act requires all communities to use a streamline review process to develop such housing, including request for zoning and other regulatory waivers.

Upon receipt of a "Project Eligibility Letter", a developer can submit an application to the local Zoning Board of Appeals which must open a hearing within 30 days of receiving the application.

The zoning board of appeals holds a public hearing. The board, with the majority, can issue a single Comprehensive Permit to:

• Grant the permit
• Deny the permit
• Grant the permit with conditions

If a permit is denied or approved with conditions rendering a development uneconomical, the applicant may appeal to the Housing Appeals Committee (HAC) within 20 days of the decision.

The State Housing Appeals Committee (HAC) can overrule a local decision, either one that has been denied outright or one in which conditions have been issued which are economically unfeasible, unless the proposed development presents serious health or safety concerns that can not be mitigated and presents an "irremediable hazard of gravity".