Posts tagged "1111016"

Zoning Board of Appeals of Hanover v. Housing Appeals Committee, et al. (Lawyers Weekly No. 11-110-16)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030;   15-P-893                                        Appeals Court   ZONING BOARD OF APPEALS OF HANOVER  vs.  HOUSING APPEALS COMMITTEE & another.[1]     No. 15-P-893.   Plymouth.     May 9, 2016. – August 29, 2016.   Present:  Agnes, Massing, & Kinder, JJ.     Housing.  Zoning, Housing appeals committee, Comprehensive permit, Low and moderate income housing.  Administrative Law, Agency’s interpretation of regulation, Regulations. Municipal Corporations, Fees.     Civil action commenced in the Superior Court Department on March 11, 2014.   The case was heard by William F. Sullivan, J., on a motion for judgment on the pleadings.     Jonathan D. Witten (Barbara M. Huggins with him) for the plaintiff. Paul N. Barbadoro for Hanover Woods, LLC. Bryan F. Bertram, Assistant Attorney General, for Housing Appeals Committee.     MASSING, J.  Defendant Hanover Woods, LLC (developer), filed an application with the plaintiff zoning board of appeals of Hanover (board) for a comprehensive permit to build a 152-unit mixed-income housing project.  Considering the board’s filing fee to be unreasonable, however, the developer paid only what it unilaterally determined to be a reasonable filing fee.  Deeming the application incomplete, the board did not accept it for filing.  By the time the developer paid the remainder of the fee, six weeks later, the town had qualified for a safe harbor under the Comprehensive Permit Act, G. L. c. 40B, §§ 20-23 (act), effectively giving the board unreviewable discretion to deny the developer’s permit. Nonetheless, the defendant Housing Appeals Committee (HAC) ultimately ordered the board to issue a comprehensive permit to the developer for a 200-unit project.  The board appeals from a judgment of the Superior Court affirming the HAC’s order.  Because we conclude that the HAC erred in determining that the developer’s application was complete on the date of its incomplete submission, rather than on the date the filing fee was paid in full, we reverse. Background.  On October 22, 2009, the developer filed an application for a comprehensive permit for a project to be called Woodland Village, consisting of 152 units to be offered for sale, as well as parking spaces and other site improvements on a twenty-four acre parcel of land in Hanover (town).  Thirty-eight of the units, or twenty-five percent, were designated to be affordable units.  Under the board’s fee schedule, the filing fee for a project of that size was $ 250 per housing unit, or $ 38,000. […]


Posted by Massachusetts Legal Resources - August 29, 2016 at 3:17 pm

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