Administrative Materials & Judicial Decisions

Housing Appeals Committee

• Contact Information
• General Information
• Hearing Information
• Housing Appeals Committee - Decision (with Links to Decision Post 2007)

Access the Housing Appeals Committee website.

Supreme Judicial Court & Appeals Court Decisions (Sampling)

• Zoning Board of Appeals of Sunderland versus Sugarbush Meadows, LLC, 464 Massachusetts 166 (2013)
• Zoning Board of Appeals of Lunenburg versus Housing Appeals Committee, 464 Massachusetts 38 (2013)
• Zoning Board of Appeals of Amesbury versus Housing Appeals Committee, 457 Massachusetts 748 (2013)
• Zoning Board of Appeals of Holliston versus Housing Appeals Committee, 80 Massachusetts Appellate Court 406 (2011)
• Board of Appeals of Gloucester, 79 Massachusetts Appellate Court 1111, (2011) (Unpublished)
• Indian Brook Cranberry Bogs versus Zoning Board of Appeals of Plymouth, 78 Massachusetts Appellate Court 1111(2010)
• Zoning Board of Appeals of Brookline versus Housing Appeals Committee, (July 14, 2011), 79 Massachusetts Appellate Court 1129 (unpublished)
• Zoning Board of Appeals of Groton versus Housing Appeals Committee, 451 Massachusetts 35 (2008)
• Board of Appeals of Woburn versus Housing Appeals Committee, 451 Massachusetts 581 (2008)
• Brooks versus Chelmsford Hillside Gardens, LLC, 80 Massachusetts Appellate Court 1106 (2011) (unpublished)
• Town of Grafton versus Pulte Homes of New England, LLC, 2013 WL 1336746 (D.Mass.). Federal District Court denies developer's motion to dismiss with respect to all nine of Town's tort, contract, and the following fraud claims in suit arising from 40B project alleging that developer hid and deprived Town of profits to which Town was entitled: 
  • Aiding and Abetting Breach of Fiduciary Duty
  • Breach of Contract
  • Breach of Fiduciary Duty
  • Civil Conspiracy
  • Common Law Fraud
  • Conversion
  • Unjust Enrichment
  • Violation of G.L. c. 93A

Secondary Materials

• Local 40B Review and Decision Guidelines - "A Practical Guide for Zoning Boards of Appeal Reviewing Applications for Comprehensive Permits Pursuant to MGL Chapter 40B" (PDF), Massachusetts Housing Partnership and Edith Netter (2005) [Please note that there have been material changes to the applicable state regulations since 2005.]
  • As the Massachusetts Housing Partnership ("MHP") describes itself: "The Massachusetts Housing Partnership (MHP) is a statewide public non-profit affordable housing organization that works in concert with the Governor and the state Department of Housing and Community Development to help increase the supply of affordable housing in Massachusetts."
  • As Attorney Netter describes her legal practice: "[A] land use attorney and mediator with 25 years of experience representing public, nonprofit and private sector clients in land use, growth management and environmental matters. She has a special interest in and experience with mixed-income housing, which has led her to represent developers seeking and communities reviewing comprehensive permit applications. As a mediator, she has assisted developers, communities, and neighbors in resolving 15 comprehensive permit disputes before ZBAs and the state Housing Appeals Committee. Inclusionary housing and linkage regulations and housing trust funds have also been a focus of her practice."
• Edward H. Marchant, Real Estate Advisor - "Overview of the Chapter 40B (M.G.L. c. 40B, section 20-23 Application, Review, Decision and Appeal Process" (Updated: September 20, 2013)
  • Mr. Marchant works for both developers and municipalities on Chapter 40B matters. He is one of the "third party" consultants in the Massachusetts Housing Partnership's ("MHP") Technical Assistance Program. He is a frequent speaker on Chapter 40B. He is a former vice president of John M. Corcoran and Co, and currently is on the board of directors of the Community Builders, Inc. (a non-profit development corporation).
• Jonathan Witten, "Adult Supervision Required: The Commonwealth of Massachusetts Reckless Adventures With Affordable housing and The Anti-Sno Zoning Act" (PDF) - Boston College Environmental Affairs Law Review (2008) (Attorney Witten has been retained by the Town of Stoneham in the Weiss Farm matter.)