It is well known that the residential permitting process provided under Chapter 40B in Massachusetts is highly contentious.  Prof. Lynn Fisher and Dr. Henry Pollakowski have documented the time, the amount of litigation and the outcomes associated with this process, and have investigated the negotiation that takes place between towns and developers.

To complete the study, their research team has collected data on all applications for comprehensive permits under Chapter 40B in 144 towns in the immediate Boston area from 1999 through the fall of 2006, including

• The number of public hearings and the amount of time from application to Zoning Board of Appeals (ZBA) decision.
• The number and type of conditions attached to comprehensive permits.
• The change in project density from time of application to the ZBA decision, and in any subsequent court decisions that affect a permit.
• The frequency of HAC appeals and other litigation stemming from developers, the local government or abutters.
• The total amount of time from application to building permit or other event which terminates the application process.

After summarizing the data, they have analyzed it to further explain differences in the length of the permitting process, changes in project density or the rate of litigation according to differences in projects and town.  By providing an accurate picture and analysis of the 40B permitting process, we can provide policy suggestions for changes that will make the 40B application process less costly and fairer given the stated public policy objectives of the original legislation.