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%

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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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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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