ZONING BOARD OF APPEALS OF GROTON v. HOUSING APPEALS COMMITTEE

No. SJC-10028.

451 Mass. 35 (2008)

ZONING BOARD OF APPEALS OF GROTON & others v. HOUSING APPEALS COMMITTEE & another.

Supreme Judicial Court of Massachusetts, Middlesex.

March 31, 2008.


Attorney(s) appearing for the Case

Nicholas J. Scobbo, Jr. (Ann Ryan-Small with him) for Groton Electric Light Department.

Maryanne Reynolds, Assistant Attorney General, for Housing Appeals Committee.

Ray Lyons (David Wiseman, Jr., with him) for Washington Green Development, LLC.

Thomas J. Urbelis, for City Solicitors and Town Counsel Association, amicus curiae, submitted a brief.

Present: MARSHALL, GREANFY, IRELAND, SPINA, CORDY, & BOTSFORD, JJ.


GREANEY, J.

This case, here on application for direct appellate review, raises the issue whether the housing appeals committee (committee) of the Department of Housing and Community Development may require, as a condition to the grant of a comprehensive permit for an affordable housing development project, that a municipality convey an easement on its land to the project's developer. We conclude that the committee lacks authority to do so and order the judgment entered...

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