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JEPSON v. ZONING BOARD OF APPEALS OF IPSWICH

SJC-09914.

450 Mass. 81 (2007)

WARREN JEPSON v. ZONING BOARD OF APPEALS OF IPSWICH & another (and a consolidated case).

Supreme Judicial Court of Massachusetts, Essex.

November 20, 2007.

Attorney(s) appearing for the Case

Catherine J. Savoie (Todd L. Tisdale with her) for Warren Jepson.

Michael A. Tucker for Ipswich Housing Authority.

Howard M. Brown (Thomas M. Looney with him) for YMCA of the North Shore, Inc.

The following submitted briefs for amici curiae:

Michael E. Malamut, Martin J. Newhouse, & Jo Ann Shotwell Kaplan for New England Legal Foundation.

Jeffrey W. Sacks, Jeffrey S. Brenner, & Stephen M. LaRose for Citizens' Housing & Planning Association & another.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, CORDY, & BOTSFORD, JJ.

GREANEY, J.

We transferred these cases here on our motion to decide whether a local board of appeals, when granting a comprehensive permit under G. L. c. 40B, §§ 20-23, may override local zoning requirements when a commercial use is included within an affordable housing development. We also consider claims of standing, including whether a municipal housing authority, which is an abutter to an affordable housing...

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