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• Section 3.01(i).A waiver is requested from the requirement to provide the Board with a <br /> pro-forma analysis as the ZBA may not request to review financial statements for Project <br /> until after all of the preconditions sets forth under 760 CMR 56.05(6)(a)(1)are met. <br /> ACTION: The ZBA did not require the Petitioner to provide a pro forma analysis and this <br /> waiver,therefore, is unnecessary. <br /> • Section 3.01(i).A waiver is requested from the requirement that the Applicant provide the <br /> Board with all materials provided to the Subsidizing Agency as those materials are not <br /> relevant to the Board's jurisdiction in this matter. <br /> ACTION: The ZBA did not require the Petitioner to provide all materials that were <br /> provided to the Subsidizing Agency and,therefore, this waiver is unnecessary. <br /> • Section 3.02. As requested above,the Applicant seeks a waiver from the requirements for a <br /> $7,500 fee for legal services and for a $5,000 fee for a financial expert as these fees are <br /> inappropriate for the reasons detailed above. <br /> ACTION: The ZBA held the checks for$7,500 and $5,000, respectively, and then returned <br /> the checks to the Petitioner as legal services review(other than for general <br /> services) and pro forma review were not requested; and, therefore,this waiver <br /> is unnecessary. <br /> • Section 4.02. A waiver is requested from the requirement that the Applicant pay for the <br /> Board's legal fees for general representation for the reasons detailed above. <br /> ACTION: As detailed above this waiver is unnecessary because the fee was not required <br /> and the check has been returned. <br /> • Section 5.03. A waiver is requested from the provisions of this regulation to the extent that <br /> they exceed the Board's authority, as limited by 760 CMR 56.05(8). <br /> ACTION: The Board is hereby approving the requested comprehensive permit without <br /> exceeding the limits set forth under 760 CMR 56.05(8)and this waiver is <br /> unnecessary. <br /> • Section 5.04. A waiver is requested from the burden of proof placed upon the Applicant <br /> that there is a presumption that a waiver of Local Rules and Regulations"will adversely <br /> affect local concerns" as the burdens of proof are established under 760 CMR 56.07(2)(b) <br /> and the Board has the burden of proof. <br /> 9 <br />