Affordable Housing Land Use Variances Zoning

Christmas In August For Massachusetts Real Estate Developers Is Good News For Housing Production

August 14, 2024 / August 14, 2024 by Donald R. Pinto, Jr. | Leave a Comment

In its $5.2 billion Affordable Homes Act (AHA) signed by Gov. Maura Healey last week, the Massachusetts Legislature came down the chimney with some presents that have been on developers’ wish lists for decades. In addition to making accessory dwelling units (ADUs) up to 900 square feet a by-right use in residential zoning districts (see […]

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Zoning

Breaking: Mass. high court confirms that in Boston, zoning appeal bond can be required without finding of bad faith or malice

July 10, 2024 by Donald R. Pinto, Jr. | Leave a Comment

In its decision this morning in Shoucair v. Board of Appeal of Boston, the Supreme Judicial Court (SJC) held that in court appeals under § 11 of the Boston Zoning Enabling Act (Section 11), the trial judge can require the plaintiff to post an appeal bond without a preliminary finding that the appeal has been […]

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Affordable Housing Land Use Zoning

Mass. High Court Clarifies Scope of New Zoning Act Bond Provision

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 […]

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