Waiver

The Director of the Department of Housing and Community Development may waive any provision of 760 CMR 12.00 under the following circumstances: (1) A catastrophic event, such as a fire, flood, or other similar event, causing severe hardship to the municipality; or (2) There is severe economic hardship in the municipality (such as may result from loss of a major employer), an unemployment rate consistently in excess of the state average, or a high concentration of low and moderate income population; and (3) There is evidence that granting a waiver will produce exceptional public benefit not otherwise available. The request for a waiver must be submitted in writing to the Urban Renewal Program Specialist of the Department of Housing and Community Development, 100 Cambridge Street, Suite 300, Boston, MA 02114. Communities shall submit detailed evidence to support their claims of hardship and public benefit. In the event of such a waiver, the Department shall prepare a statement of facts upon which such a waiver is based. No waiver shall be made if it conflicts with any mandatory provision of any statute.