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ZONING BOARD OF APPEALS v. HOUS. APPEALS COMM.

385 Mass. 651 (1982)

433 N.E.2d 873

ZONING BOARD OF APPEALS OF WELLESLEY vs. HOUSING APPEALS COMMITTEE & others.

Supreme Judicial Court of Massachusetts, Norfolk.

March 26, 1982.

Attorney(s) appearing for the Case

Albert S. Robinson, Town Counsel, for the plaintiff.

Joan C. Stoddard, Assistant Attorney General (Thomas A. Barnico, Assistant Attorney General, with her) for Housing Appeals Committee.

Albert Auburn for Joseph T. Murphy & another.

Arnold P. Messing, Barbara J. Rouse & Mark S. Swartz, for Massachusetts Housing Finance Agency, amicus curiae, submitted a brief.

Present: HENNESSEY, C.J., WILKINS, ABRAMS, LYNCH, & O'CONNOR, JJ.

ABRAMS, J.

We granted the plaintiff's application for direct appellate review to determine whether a development, financed by the Massachusetts Housing Finance Agency (MHFA), which includes units that will be rented at fair market value, is low or moderate income housing within the meaning of G.L.c. 40B, § 20. After hearing, the Housing Appeals Committee in the Department of Community Affairs (HAC) ordered the zoning board of appeals of the town of Wellesley...

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