Background and Purpose

The Comprehensive Permit Statute, St. 1969, c. 774, now codified at M.G.L. c. 40B, §§ 20 through 23, was adopted by the legislature to address the shortage of low and moderate income housing in Massachusetts and to reduce regulatory barriers that impede the development of such housing. Under M.G.L. c. 40B, §§ 20 through 23, the developer of a project that includes a sufficient level of subsidized low and moderate income housing units may apply for a Compre- hensive Permit from the local zoning board of appeals (the “Board”). Appeals by developers from decisions of the Board are decided by the Housing Appeals Committee (the “HAC”). The purpose of 760 CMR 56.00, is to implement the statutory scheme. 760 CMR 56.00 sets forth comprehensive standards and procedures to govern the course of project review, from an initial determination of eligibility by the federal or state agency that is providing a subsidy (the “Subsidizing Agency”), through local permitting review by the Board, to issuance or denial of a Comprehensive Permit, potential appeals to the HAC, and post-permitting procedures. 760 CMR 56.00 also addresses the Subsidized Housing Inventory which is maintained by the Department of Housing and Community Development (the “Department”). To achieve these ends, the Department has consolidated materials previously found in several different sets of regulations, and it has codified issues that have been decided by judicial or administrative decisions or are general practice as reflected in policy documents of the Department. 760 CMR 56.00 has further advanced the statutory purposes of M.G.L. c. 40B, §§ 20 through 23 by clarifying the procedures of the expedited review process, and by otherwise addressing recurring questions of interpretation.