Search
 

Appeal of Town's Permit Rejection Tests Affordable-Housing Law

NATICK, MA-The state's Chapter 40B law is put to the test here as a developer insists that this town's zoning board of appeals cannot lawfully deny it a comprehensive permit because the town has not met its affordable-housing requirement.

By Naomi Grossman | Updated on November 19, 2001

NATICK, MA-This town denied a developer’s appeal for a comprehensive permit to build a 10-story apartment building here in a mall parking lot despite the fact that it has not met its 10% affordable-housing requirement. The developer is appealing to the state Housing Appeals Committee.

Cloverleaf LLC is seeking a permit to develop an apartment building on a parking lot here near the Cloverleaf Mall and the Hampton Inn Motel. According to the decision, the shopping center lot has special permits granted for additional retail space on the site. The developer’s application for a comprehensive permit is based on the fact that the town has not yet reached its 10% requirement of affordable housing. According to Chapter 40B, a developer may appeal to bypass local zoning laws if the town has not met its affordable-housing requirements and if its project has an affordable housing component. Many towns contend that the law is manipulated by developers to get their projects approved. According to the decision, Natick’s affordable housing is 5.24 % of the town’s units.

But in its decision, the town’s zoning board of appeals notes that the town meets another requirement in Chapter 40B–that affordable housing exists on sites compromising at least 1.5% of the total land area zoned for residential commercial or industrial use. According to Yvonne Johnson, of the town’s Zoning Board of Appeals, “1.7% of our buildable land for residential purposes has low to moderate housing. A Zoning Board can still deny a comprehensive permit even if a town doesn’t meet the 10% affordable housing requirement.”

Want to continue reading?
Become a Free ALM Digital Reader.

Once you are an ALM digital member, you’ll receive:

  • Unlimited access to GlobeSt and other free ALM publications
  • Access to 15 years of GlobeSt archives
  • Your choice of GlobeSt digital newsletters and over 70 others from popular sister publications
  • 1 free article* every 30 days across the ALM subscription network
  • Exclusive discounts on ALM events and publications

*May exclude premium content
Already have an account?

NOT FOR REPRINT

© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.

GlobeSt

Join GlobeSt

Don't miss crucial news and insights you need to make informed commercial real estate decisions. Join GlobeSt.com now!

  • Free unlimited access to GlobeSt.com's trusted and independent team of experts who provide commercial real estate owners, investors, developers, brokers and finance professionals with comprehensive coverage, analysis and best practices necessary to innovate and build business.
  • Exclusive discounts on ALM and GlobeSt events.
  • Access to other award-winning ALM websites including ThinkAdvisor.com and Law.com.

Already have an account? Sign In Now
Join GlobeSt

Copyright © 2024 ALM Global, LLC. All Rights Reserved.