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ZONING BOARD OF APPEALS OF SUNDERLAND v. SUGARBUSH MEADOW, LLC

SJC-11100.

464 Mass. 166 (2013)

ZONING BOARD OF APPEALS OF SUNDERLAND v. SUGARBUSH MEADOW, LLC & another.

Supreme Judicial Court of Massachusetts, Franklin.

January 14, 2013.

Attorney(s) appearing for the Case

Jason R. Talerman for the plaintiff.

Peter L. Freeman for Sugarbush Meadow, LLC.

James S. Whitcomb , Assistant Attorney General, for housing appeals committee.

The following submitted briefs for amici curiae:

Walter R. Tibbetts, pro se.

Edward J. DeWitt for Association to Preserve Cape Cod.

Jeffrey W. Sacks , Kurt M. Mullen , & Troy K. Lieberman for Citizens' Housing and Planning Association.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.

GANTS, J.

Sugarbush Meadow, LLC (Sugarbush), filed an application for a comprehensive permit with the Sunderland zoning board of appeals (board) under G. L. c. 40B, §§ 20-23, to build five three-story buildings with 150 rental apartments (project). The board denied the application, and Sugarbush appealed the denial to the housing appeals committee (HAC) of the Department of Housing and Community Development (department). The HAC vacated the board's decision...

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