Administrative Materials and Judicial Decisions

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Administrative Materials and Judicial Decisions

HOUSING APPEALS COMMITTEE

Housing Appeals Committee Website: http://www.mass.gov/hed/economic/eohed/dhcd/hac.html

  • General Information;
  • Hearing Information;
  • Contact Information; and
  • Housing Appeals Committee- Decision (with links to decision post 2007).

SUPREME JUDICIAL COURT AND APPEALS COURT DECISIONS (SAMPLING)

  • Zoning Board of Appeals of Sunderland v. Sugarbush Meadows, LLC, 464 Mass. 166 (2013)
  • Zoning Bd. of App. of Lunenburg v. Housing Appeals Committee, 464 Mass. 38 (2013)
  • Zoning Bd. of App. of Amesbury v. Housing Appeals Committee, 457 Mass. 748 (2013)
  • Zoning Board of Appeals of Holliston v. Housing Appeals Committee, 80 Mass. App. Ct 406 (2011)
  • Board of Appeals of Gloucester, 79 Mass. App. Ct. 1111, (2011) (Unpublished)
  • Indian Brook Cranberry Bogs v. Zoning Board of Appeals of Plymouth, 78 Mass. App. Ct.1111(2010).
  • Zoning Board of Appeals of Brookline v. Housing Appeals Committee, (July 14, 2011), 79 Mass.App.Ct. 1129 (unpublished)
  • Zoning Board of Appeals of Groton v. Housing Appeals Committee, 451 Mass. 35 (2008)
  • Board of Appeals of Woburn v. Housing Appeals Committee, 451 Mass. 581 (2008)
  • Brooks v. Chelmsford Hillside Gardens, LLC, 80 Mass. App. Ct. 1106 (2011) (unpublished)
  • Town of Grafton v. 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 fraud claims (Breach of Contract, Breach of Fiduciary Duty, Conversion, Violation of G.L. c. 93A, Common Law Fraud, Unjust Enrichment, Civil Conspiracy, Aiding and Abetting Breach of Fiduciary Duty) in suit arising from 40B project alleging that developer hid and deprived Town of profits to which Town was entitled.

SECONDARY MATERIALS

- 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, sec. 20-23 Application, Review, Decision and Appeal Process” (Updated: September 20, 2013)

- Mr. Marchant works for both developers and municipalities on Ch. 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 & Co., and currently is on the board of directors of the Community Builders, Inc. (a non-profit development corporation).