Housing Advisory: Supreme Judicial Court Rules That a Town May Continue to Issue Comprehensive Permits Even After Meeting Its Minimum Affordable Housing Obligation of 10%


In yet another case about what happens when a town meets its minimum affordable housing obligation, the Supreme Judicial Court has held that a zoning board of appeals has the discretion to continue to grant comprehensive permits under M.G.L. c. 40B, §§ 20-23 if it wishes, even after the town has reached one of Chapter 40B's minimum subsidized housing goals. The court thus rejected abutters' claims that because 10% of the town's housing units already qualified as subsidized housing, the affordable housing developer could only obtain relief from local zoning by obtaining a variance.

See this Housing Advisory for a review of Boothroyd v. Zoning Board of Appeals of Amherst, SJC-09896 (Mass. June 14, 2007)

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