Affordable Housing Land Use Zoning
January 8, 2025 / January 10, 2025 by Donald R. Pinto, Jr. | Leave a Comment
In its eagerly anticipated decision issued this morning in Attorney General v. Town of Milton, the Supreme Judicial Court (SJC) has ruled that the MBTA Communities Act (the Act), which former Governor Charlie Baker signed into law in early 2021, is constitutional, and the Attorney General has the authority to enforce it. The court went […]
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Affordable Housing Real Estate Zoning
August 9, 2024 / August 21, 2024 by Tess Edwards | Leave a Comment
As has been widely reported, Governor Maura Healey on Tuesday signed into law the Affordable Homes Act (AHA), also known as the Housing Bond Bill (H.4977), which the Legislature passed in the wee hours of August 1, 2024. Among other important provisions, the AHA makes accessory dwelling units (ADUs) a by-right use in single-family zoning […]
December 20, 2022 / December 21, 2022 by Donald R. Pinto, Jr. | Leave a Comment
The Supreme Judicial Court (SJC) last week gave real estate litigators an early holiday gift: an important, clarifying opinion on a recent amendment to Section 17 of M.G.L. c. 40A (the Zoning Act), which governs appeals to court from decisions of local zoning boards. The case is Marengi v. 6 Forest Road, LLC (pdf). In […]
Affordable Housing Restrictions Zoning
December 4, 2017 by Daniel Bailey | Leave a Comment
In its recent decision in 135 Wells Avenue, LLC v. Housing Appeals Committee (pdf), the Massachusetts Supreme Judicial Court (SJC) confirmed that a property restriction held by a municipality cannot be overridden by the municipality’s zoning board of appeals – or by the state’s Housing Appeals Committee (HAC) – when acting on an application for a comprehensive […]
