What is Chapter 40B and why is it so unpopular?

Chapter 40B, also referred to as Chapter 774 of the Acts of 1969 and the Comprehensive Permit Law, created a process for granting “comprehensive permits” by the Zoning Board of Appeals (“ZBA”) for the construction of subsidized low or moderate income housing. These permits streamline the local process by consolidating local permitting. It became unpopular within many communities because it can supersede local requirements and regulations, including zoning. In communities where less than ten percent of the housing units are affordable, the denial of the comprehensive permit or the imposition of conditions which render a proposed development uneconomic may be appealed to the state Housing Appeals Committee.