Housing Practice Advisory: Superior Court Decision Changes Rules about How to Count to 10% under Chapter 40B
11/21/2006
A Superior Court judge has ruled that the Housing Appeals Committee loses the power to overturn a decision of a Zoning Board of Appeals if the town reaches the "10% affordable units" mark while the appeal in question is pending before the HAC. In reaching this result, the court not only reversed the HAC decision to issue a comprehensive permit in the case before it, but also overturned a Chapter 40B regulation. Zoning Board of Appeals of Canton v. Housing Appeals Committee, No. CV2005-01868 (Norfolk Superior Court, November 10, 2006)
(Grabau, J.).
Please see this Mintz Levin Advisory for more information concerning this decision and pending appeal
