leGal
2013 Housing Score:
Builders 2, Towns 0
By Peter J. feuerbach, esq.
t
he stars Continue to align for
builders in 2013. As if low interest
rates , pent-up dema nd a nd t he
governor���s plan for 10,000 new housing
units per year were not enough of a
ta i lw i nd , a long comes t he Supreme
Judicial Court (SJC) and issues, not one,
but two decisions approving affordable
housing developments.
The recent SJC decisions continue to
recognize the importance of constructing
affordable housing ��� rental or ownership ��� under the ���comprehensive permit���
law, Chapter 40b. The decisions also
remind local boards to not deny a project
4 0 | Greater boston Builder+architect
based on unreasonable concerns because
improper reasons will be overturned.
town of lunenburg
On January 8, 2013, the SJC ruled that
the town of lunenburg had improperly
denied a 146-unit condominium project.
The SJC rejected the town���s argument
that the project would be inconsistent
with the town���s master plan, because
the town had not actually created any
affordable units under that plan.
The SJC also held that the tow n���s
affordable housing stock for purposes of
Chapter 40b consists of subsidized units
See Page 42
Boston.BuiLDerarChiteCt.Com
