Mass. Gen. Laws » Part I Title VII Chapter 40B
Massachusetts General Laws

Mass. Gen. Laws ch. 40B, § 21 (2026)

Low or moderate income housing; applications for approval of proposed construction; hearing; appeal

✓ current as of July 2026
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Section 21. Any public agency or limited dividend or nonprofit organization proposing to build low or moderate income housing may submit to the board of appeals, established under section twelve of chapter forty A, a single application to build such housing in lieu of separate applications to the applicable local boards. The board of appeals shall forthwith notify each such local board, as applicable, of the filing of such application by sending a copy thereof to such local boards for their recommendations and shall, within thirty days of the receipt of such application, hold a public hearing on the same. The board of appeals shall request the appearance at said hearing of such representatives of said local boards as are deemed necessary or helpful in making its decision upon such application and shall have the same power to issue permits or approvals as any local board or official who would otherwise act with respect to such application, including but not limited to the power to attach to said permit or approval conditions and requirements with respect to height, site plan, size or shape, or building materials as are consistent with the terms of this section. The board of appeals, in making its decision on said application, shall take into consideration the recommendations of the local boards and shall have the authority to use the testimony of consultants. The board of appeals shall adopt rules, not inconsistent with the purposes of this chapter, for the conduct of its business pursuant to this chapter and shall file a copy of said rules with the city or town clerk. The provisions of section eleven of chapter forty A shall apply to all such hearings. The board of appeals shall render a decision, based upon a majority vote of said board, within forty days after the termination of the public hearing and, if favorable to the applicant, shall forthwith issue a comprehensive permit or approval. If said hearing is not convened or a decision is not rendered within the time allowed, unless the time has been extended by mutual agreement between the board and the applicant, the application shall be deemed to have been allowed and the comprehensive permit or approval shall forthwith issue. Any person aggrieved by the issuance of a comprehensive permit or approval may appeal to the court as provided in section seventeen of chapter forty A.

Notes of Decisions
Cited in 63 cases (3 in the last 5 years), 1973–2025 · leading case: Standerwick v. Zoning Bd. of Appeals, 447 Mass. 20 (Mass. 2006).
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Standerwick v. Zoning Bd. of Appeals, 447 Mass. 20 (Mass. 2006). · cites it 9× “See G. L. c. 40B, § 21. 3 A judge in the Superior Court allowed the developer’s, motion for summary judgment, ruling that the plaintiffs lacked standing to challenge the issuance of the comprehensive permit because their claim that the affordable housing project would diminish…”
Pheasant Ridge Assocs. Ltd. P'ship v. Town of Burlington, 506 N.E.2d 1152 (Mass. 1987). · cites it 9× “3 Under G. L. c. 40B, § 21 (1984 ed.), a limited dividend organization may submit an application for a comprehensive permit authorizing the construction of low or moderate income housing, as defined in G.”
Milton Commons Assoc. v. BD. OF APP. OF MILTON, 436 N.E.2d 1236 (Mass. App. Ct. 1982). · cites it 12× “The preceding sentence assumes the answer to one of the questions raised by the parties: When did the hearing end for purposes of calculating whether a permit was deemed to have issued by reason of the board’s failure to act within the time limits prescribed by G. L. c. 40B, §…”
Plan. Bd. v. Hingham Campus, LLC, 780 N.E.2d 902 (Mass. 2003). · cites it 10× “Thus, the plaintiff contends that it is not bound by the standing requirements of G. L. c. 40B, § 21, but instead can take advantage of the more general standing provisions for appealing from decisions of a zoning board of appeals.”
Jepson v. Zoning Bd. of Appeals, 450 Mass. 81 (Mass. 2007). · cites it 8× “The plaintiffs, Warren Jepson and the Ipswich Housing Authority (housing authority), are abutters to the property entitled to notice under G. L. c. 40B, § 21, and G. L. c. 40A, § 11.”
Dennis Hous. Corp. v. Zoning Bd. of Appeals, 785 N.E.2d 682 (Mass. 2003). · cites it 7× “On May 9, 2000, the developer filed an application with the ZBA seeking a comprehensive permit pursuant to G. L. c. 40B, § 21, which allows the ZBA to rule on “a single application to build such housing in lieu of separate applications to the applicable local boards.”
Taylor v. Bd. of Appeals, 451 Mass. 270 (Mass. 2008). · cites it 12× “At the same time, G. L. c. 40B, § 21, provides that “[a]ny person aggrieved by the issuance of a comprehensive permit or approval may appeal to the court as provided in” G.”
Bd. of Appeals of Hanover v. Hous. Appeals Comm., 294 N.E.2d 393 (Mass. 1973). · cites it 6× “After holding public hearings on the application, as required by G. L. c. 40B, § 21, and G. L. c. 40A, § 17, the board refused to issue the permit.”
Taylor v. Bd. of Appeals, 863 N.E.2d 79 (Mass. App. Ct. 2007). · cites it 16× “The plaintiffs (abutters) appealed that decision to Superior Court pursuant to G. L. c. 40B, § 21 (abutters’ appeal). The developers appealed the same decision to the Housing Appeals Committee (HAC), G.”
Zoning Bd. of Appeals of Amesbury v. Hous. Appeals Comm., 933 N.E.2d 74 (Mass. 2010). · cites it 3× “The board’s authority under G. L. c. 40B, § 21. First, the board argues that under § 21, it has the authority to impose “appropriate conditions” dealing with the full panoply of issues that might pertain to a low or moderate income housing development, including those that are…”
Bell v. Zoning Bd. of Appeals, 429 Mass. 551 (Mass. 1999). · cites it 3× “The defendant Gloucester Housing Authority (authority) applied for a comprehensive permit to build low *552 income housing on its land under G. L. c. 40B, § 21. 3 The defendant zoning board of appeals of Gloucester (board) scheduled a public hearing on the authority’s…”
Town of Middleborough v. Hous. Appeals Comm., 449 Mass. 514 (Mass. 2007). · cites it 2× “See G. L. c. 40B, § 21. An applicant who is denied a comprehensive permit or is granted the permit under conditions that make the proposed development “uneconomic,” G.”
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