Agenda - Planning Commission - 04/04/2013

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Zoning Bulletin February 25, 2013 1 Volume 7 1 Issue 4 j affordable housing Citation: Zoning Bd. of Appeals of Lunenburg v. Housing Appeals Committee, 464 Mass. 38, 2013 WL 58183 (2013) MASSACHUSETTS (01/08/13) —This case addressed the issue of whether low -cost market -rate housing that is not subsidized by the federal or state government can be considered in calculating the regional need for low- and - moderate income housing, on the application for a comprehensive permit under Massachusetts statutory law, c. 40B. The Background /Facts: Under the Massachusetts Comprehensive Permit Act (sometimes referred to as the "anti -snob zoning act," G.L. c. 40B, §§ 20 -23 (the "Chapter 40B" or the "Act "), the legislature has at- tempted to "provide relief from exclusionary zoning practices which prevented the construction of badly needed low and moderate income housing' in the Commonwealth." Chapter 40B allows "a public agency, or a limited dividend or nonprofit organization, that wishes to construct low or moderate income housing `to circumvent the often arduous pro- cess of applying to multiple local boards for individual permits and, instead, to apply to the local board of appeals for issuance of a single comprehensive permit.' " If the board denies an application for a comprehensive permit, the developer may appeal to the Massachusetts housing appeals committee ( "HAC "). The HAC then determines whether the decision of the local zoning board of appeals to deny the comprehensive permit, "was reasonable and consistent with local needs." (G.L. c. 40B, § 23.) Local requirements and regulations of affordable housing construc- tion are considered "consistent with local needs" if they are "reasonable ": in view of "the regional need for low and moderate income housing "; "considered with the number of low income persons in the city or town affected "; and considered with "the need to protect the health or safety of the occupants of the proposed housing or of the residents of the city or town"; and "to promote better site and building design in relation to the surroundings, or to preserve open spaces"; and "if such requirements and regulations are applied as equally as possible to both subsidized and unsubsidized housing." Requirements and regulations on affordable housing construction will also be considered "consistent with local needs" where low or moderate income housing comprises: more than 10% of the housing units in the municipality; or is on sites comprising 1.5% or more of the total land area zoned for residential, commercial or industrial use." In this case, Hollis Hills, LLC ( "Hollis Hills ") sought to build 146 af- fordable housing condominium units in attached townhouses (the "Project "). Under Chapter 40B, Hollis Hills filed with the board of ap- peals of the Town of Lunenburg (the "Board ") an application for a comprehensive peiniit. The Board denied the application. © 2013 Thomson Reuters 3