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ZONING BOARD OF APPEALS OF CANTON v. HOUSING APPEALS COMMITTEE

No. 08-P-1899.

76 Mass. App. Ct. 467 (2010)

ZONING BOARD OF APPEALS OF CANTON v. HOUSING APPEALS COMMITTEE & another.

Appeals Court of Massachusetts, Norfolk.

March 18, 2010.

Attorney(s) appearing for the Case

Mark Bobrowski for the plaintiff.

David A. Guberman, Assistant Attorney General, for Housing Appeals Committee.

Brian M. Hurley for Canton Property Holding, LLC.

Present: KATZMANN, BROWN, & WOLOHOJIAN, JJ.

KATZMANN, J.

This case concerns an application for a comprehensive permit pursuant to G. L. c. 40B, §§ 20-23 (the Act), and comes to us on appeal after the remand in Zoning Bd. of Appeals of Canton v. Housing Appeals Comm., 451 Mass. 158 (2008) (Canton I). Canton I determined that because the town was below the ten percent minimum established...

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