Mass. SJC Reaffirms that Zoning Exemption for Educational Uses is Expansive; Residential Psychiatric Program for Adolescents Easily Qualifies
In a noteworthy decision today, the Supreme Judicial Court (SJC) reaffirmed that the exemption in the state’s Zoning Act, M.G.L. c. 40A, for uses deemed to be “for educational purposes,” is construed very broadly. That exemption, which appears in Section 3 of Chapter 40A and is known as the Dover Amendment, provides in relevant part that:
[n]o zoning ordinance or by-law shall . . . prohibit, regulate or restrict the use of land or structures for religious purposes or educational purposes on land owned or leased by . . . a religious sect or denomination, or by a nonprofit educational corporation . . . .
The statute goes on to say that such land or structures may be subject to reasonable regulations concerning the bulk and height of structures, yard sizes, lot area, setbacks, open space, etc.
In The McLean Hospital Corp. v. Town of Lincoln (pdf), the high court considered a