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)
Firefox recommends the PDF Plugin for Mac OS X for viewing PDF documents in your browser.
We can also show you Legal Updates using the Google Viewer; however, you will need to be logged into Google Docs to view them.
Please choose one of the above to proceed!
LOADING PDF: If there are any problems, click here to download the file.