§ 311-2.00. Definitions.

BOARD

Means The Zoning Board of Appeals established under MGL c. 40A, § 12 and Chapter 240 of the Code of Falmouth.

DEPARTMENT

Means The Massachusetts Department of Housing and Community Development and its successors, as established and currently existing pursuant to MGL chs. 23B and c. 6A.

LIMITED DIVIDEND ORGANIZATION

Means Any entity which proposes to sponsor a project under the MGL c. 40B, §§ 20 through 23; and is not a public agency or a nonprofit; and is eligible to receive a subsidy from a subsidizing agency after a comprehensive permit has been issued and which, unless otherwise governed by a federal act or regulation, agrees to comply with the requirements of the subsidizing agency relative to a reasonable return for building and operating the project.

LOCAL BOARD

Means Any local board or official, including, but not limited to the Board of Selectmen; Board of Health; Planning Board; Conservation Commission; Historical Commission; Historical District Commission, Design Review Committee, Traffic Advisory Committee, Town Engineer, Town Planner, Utilities Manager, Wastewater Superintendent, or other commission; or fire, police, traffic, or other department; Building Commissioner or similar official or board; fire prevention officer. All boards, regardless of their geographical jurisdiction or their source of authority (that is, including boards created by special acts of the Legislature or by Town Meeting or the Board of Selectmen) shall be deemed local boards if they perform functions usually performed by locally created boards.

LOCAL CONCERN

Means The need to protect the health or safety of the occupants of a proposed project or of the residents of the municipality, to protect the natural environment, to promote better site and building design in relation to the surroundings and municipal and regional planning, or to preserve open spaces. See 760 CMR 56.07(3)(c) through (g).

UNECONOMIC

Means Any condition imposed by a Board in its approval of a comprehensive permit, brought about by a single factor or a combination of factors, to the extent that it makes it:

A. 

Impossible for a public agency or a nonprofit organization to proceed in building or operating a project without financial loss; or

B. 

Impossible for a limited dividend organization to proceed and still realize a reasonable return in building or operating such project within the limitations set by the subsidizing agency on the size or character of the project, or on the amount or nature of the subsidy or on the tenants, rentals, and income permissible, and without substantially changing the rent levels and unit sizes proposed by the applicant. See 760 CMR 56.05(8)(d).

WAIVER

Means An exception from a use, dimensional, or other restriction of local requirements and regulations, granted to a project through a comprehensive permit. See 760 CMR 56.05(7).