lunenburg zoning board of appeals

The Lunenburg Zoning Board will hear the petition of Paul M. & Leslie K. Gosselin, 21 In September, 2007, the town planning board approved the Electric Avenue Drive-in Theater site for use as a self-storage facility. LUNENBURG ZONING BOARD OF APPEALS Lunenburg The Lunenburg Zoning Board will hear the petition of Thomas A. Reynolds & Danielle T. Thompson, 129 Peninsula Drive, Lunenburg, MA 01462. See Board of Appeals of Hanover v. Housing Appeals Comm., supra ("In cases where the locality has not met its minimum housing obligations, the board must rest its decision on whether the required need for low and moderate income housing outweighs the valid planning objections, to the details of the proposal such as health, site design, and open spaces"). WebGANTS, J. Hollis Hills, LLC (Hollis Hills), filed an application for a comprehensive permit with the zoning board of appeals of Lunenburg (board) under G. L. c. 40B, 20-23, to build 146 condominium units in attached townhouses (project). When the HAC reviews the decision of a local zoning board of appeals to deny a comprehensive permit, "[t]he hearing . Meetings are The Lunenburg Zoning Board will hear the petition of Mark The Zoning Board of Appeals will consider authorizing the Special Permit. If you wish to appear in support for or in opposition to It was originally drafted to address "an acute shortage of decent, safe, low and moderate cost housing throughout the commonwealth" (emphasis added). ); (2) Does the plan promote affordable housing? Decided: January 08, 2013 Present: Ireland, C.J., Spina, Cordy, Botsford, Gants, Duffly, & Lenk, JJ. Additionally, under the Department of Housing and Community Development Comprehensive Permit Guidelines II.A.1 (2012) (comprehensive permit guidelines), for housing to be included in the subsidized housing inventory (SHI): "All Use Restrictions must meet the following minimum standards: . The Supreme Judicial Court on its own initiative transferred the case from the Appeals Court. 64, 66 (1976). "A court may not displace an administrative board's choice between two fairly conflicting views, even though the court would justifiably have made a different choice had the matter been before it de novo." WebCourse Overview. 56.02. Hollis Hills, LLC (Hollis Hills), filed an application for a comprehensive permit with the zoning board of appeals of Lunenburg (board) under G.L. . The zoning board has "the same power to issue permits or approvals as any local board or official who would otherwise act with respect to such application." . Docket Number: SJC11102. 56.07(2)(b)(1) (2008). Notice is hereby given that the Lunenburg Zoning Board of Appeals will conduct a public hearing on Wednesday, May 24, 2023 @ 7:00 P.M. at the Lunenburg Town Hall, 2nd Floor, Joseph F. Bilotta Meeting Room, 17 Main Street, Lunenburg, Massachusetts 01462. "If the board denies an application for a comprehensive permit, the developer may appeal to HAC." WebNotice is hereby given that the Lunenburg Zoning Board of Appeals will conduct a public hearing on Wednesday, January 12, 2022 @ 7:00 P.M. at the Lunenburg Town Hall, 2nd Floor, Joseph F. Bilotta Meeting Room, 17 Main Street, Lunenburg, Massachusetts 01462. LUNENBURG ZONING BOARD OF APPEALS zba_04.27.16_public_hearing_234_summer_st.pdf; . The year 2028 will mark the 300th Anniversary of the incorporation of the Town of Lunenburg. Where this or any of the other grounds in 760 Code Mass. Ling reported that 11.5 per cent of the homes sold in the town in 2006 and 2007 were purchased for $160,000 or less, and that 8.2 per cent of the homes were purchased at prices at or below $140,000. The Lunenburg Zoning Board will hear the petition of Sharon S. Vincent, 43 Oak Avenue, Lunenburg, MA 01462. Town of Lunenburg." [Note 20] On June 2, 2005, Sky Cycle sold the Electric Avenue parcel to a realty trust related to Hollis Hills, which transferred it to Hollis Hills on August 25, 2005. WebThe property which is the subject of this case is located at 84 Laurel Lane, Lunenburg, MA 01462. the decision of the board of appeals was reasonable and consistent with local needs." Any correspondence received in support or opposition to the petition will be read into the public record. Box 135 Lunenburg, MA 01462 (978) 582-4130 WebZONING BOARD OF APPEALS OF LUNENBURG v. HOUSING APPEALS COMMITTEE & another. LUNENBURG ZONING BOARD OF APPEALS 56.04(7) (2008) ("[f]ollowing the issuance of a Comprehensive Permit, the Subsidizing Agency shall issue its final written approval of the Project to the Applicant," and "[s]uch approval shall, at a minimum: . All rights reserved. 2016 - Zoning Board of Appeals Agendas. Zoning Bd. of Appeals of Lunenburg v. Hollis Hills, LLC - Casetext See G. L. c. 40B, 21 (organization "may submit to the board of appeals . Under the terms of the settlement agreement, the town could enforce the tear-down order after the earlier of either (a) one year after the exhaustion of all appeals from Hollis Hills's comprehensive permit application or (b) December 31, 2011, unless the new owner of 321 Electric Avenue reacquired the entire Electric Avenue parcel, which would have left Hollis Hills with no access to the sewer line on Electric Avenue. A Superior Court judge properly upheld a decision of the housing appeals committee (HAC) directing a town's zoning board of appeals to issue a comprehensive permit to a developer seeking to build 146 condominium units in attached townhouses, where the HAC did not err in excluding housing that was not subsidized by the Federal or State government (i.e., affordable, market-rate, unsubsidized housing in the town) in weighing the regional need for affordable housing [44-48]; where substantial evidence supported the HAC's findings and conclusion that the proposed project was not inconsistent with the town's master planning and would not undermine those plans [48-52]; and where the HAC did not abuse its discretion in concluding that the balance of interests in the circumstances favored the regional need for affordable housing rather than the local concern of a zoning nonconformity [52-55]. [Note 18] The town recently gave a sewer connection to a 240-unit market-rate housing development that is only 500 feet from the project site. J. Raymond Miyares, Christopher H. Heep, Jonathan D. Witten, & Barbara Huggins, for town of Hopkinton & others, amici curiae, submitted a brief. WebThe Zoning Board of Appeals will consider authorizing the Special Permit. WebLunenburg Town Hall. WebNotice is hereby given that the Zoning Board of Appeals will hold a public hearing on November 13, 2013 at 7:00 P.M. at the Lunenburg Town Bilotta Meeting Room, 17 Main Street, Lunenburg, Massachusetts 01462. [Note 6], Under the act, the HAC's decision may be reviewed in the Superior Court under G. L. c. 30A, which in turn provides that the court may set aside the decision of the agency "if it determines that the substantial rights of any party may have been prejudiced because the agency decision is . The basis for the Appeal for Special Permit is found in the Code of Lunenburg, 250-4.1.A (2), 4.1G . 2022 Board Decisions. The Lunenburg Zoning Board will hear the petition of Whalom Road, LLC, Gary B. Lorden, Manager, 69 Massachusetts Avenue, Lunenburg, MA The town's director of public works asked Hollis Hills to design the sewer line to allow abutters on Crest Avenue to hook into the Carr Avenue sewer line Hollis Hills would build. Jeffrey W. Sacks, Kurt M. Mullen, & Troy K. Lieberman, for Citizens' Housing and Planning Association, amicus curiae, submitted a brief. 56.02 (defining "Affirmative Fair Marketing Plan" and providing that "[i]t shall be the responsibility of the Subsidizing Agency to enforce compliance with provisions of 760 [Code Mass. First, it claims that the HAC erred in concluding that the availability of affordable, market-rate homes in the town of Lunenburg (town) should not be considered in determining the regional need for low and moderate income housing. Co., 420 Mass. G. L. c. 40R, 6 (4). "Effectively restricts occupancy of Low and Moderate Income Housing to Income Eligible Households. . Regs. Event Date . otherwise not in accordance with law." [Note 13] Although the HAC declined to consider market-rate housing in determining the housing need, it nonetheless found that, even if it were to consider market-rate affordable housing, the regional need for low and moderate income housing still outweighed the local concerns. Box 135 Lunenburg, MA 01462 (978) 582-4130 WebHollis Hills, LLC filed an application for a comprehensive permit with the zoning board of appeals of Lunenberg to build condominium units in townhouses. [Note 11] Also, in order to be included on the SHI, subsidized affordable housing units, must be sold under an "[a]ffirmative [f]air [m]arketing [p]lan" that provides for a lottery or other resident selection process and "effective outreach to protected groups underrepresented in the municipality." HOLLIS HILLS, LLC LUNENBURG ZONING BOAR OF APPEALS 56.07(1)(b) (2008) ("In the case of the denial of a Comprehensive Permit, the issue shall be whether the decision of the Board was Consistent with Local Needs"). Public Hearing--2231 Lunenburg Rd | Lancaster MA The Lunenburg Zoning Board will hear the petition of David J. Chadwick & Nancy M. Malady, 406 Sunset Lane, Lunenburg, MA 01462. File/Document . In 2002, Fred Laberge owned an adjoining parcel at 321 Electric Avenue, where he operated an automobile salvage business in the name of Sky Cycle, Inc. (Sky Cycle); Sky Cycle owned the Electric Avenue parcel. If you wish to appear in support for or in opposition to the petition, you may do so in person, by agent or by attorney. expressed in a bona fide, effective master plan or comprehensive plan," may be so substantial a local concern as to outweigh the regional need for affordable housing. Lunenburg 2023 Board Decisions. The Lunenburg Zoning Board will hear the petition of David J. Chadwick & Nancy M. Malady, 406 Sunset Lane, Lunenburg, MA 01462. 760 Code Mass. LUNENBURG ZONING BOARD OF APPEALS Regs. Box 135 Lunenburg, MA 01462 (978) 582-4130 CRONIN v. TOWN OF LUNENBURG (2018) | FindLaw The town's 2006 affordable housing plan stated that low income persons are "hard-pressed" to afford housing in town and that it is "difficult[] for families below the median to live in Lunenburg." Third, the board contends that the HAC erred in failing to recognize that, under the doctrine of "infectious invalidity," Hollis Hills did not have the requisite site control over a parcel of land in the project where a necessary sewer connection would be located and that the HAC could not waive infectious invalidity because it is matter of State law, not a local concern. 56.04(1)(c) (2008). WebNotice is hereby given that the Zoning Board of Appeals will hold a public hearing on December 10, 2014 at 8:00 P.M. at the Lunenburg Town Hall, 17 Main Street, Lunenburg, Massachusetts 01462. WebNotice is hereby given that the Lunenburg Zoning Board of Appeals will conduct a public hearing on Wednesday, February 22, 2012 at 7:00 P.M. at the Town Hall, 2nd Floor Joseph F. Bilotta Conference Room, 17 Main Street, Lunenburg, Massachusetts 01462. The board claims that Sky Cycle's sale of the Electric Avenue parcel to the realty trust violated the common-law principle of infectious invalidity, which provides that "a property owner may not create a valid building lot by dividing it from another parcel rendered nonconforming by such division." ZBA application 2015 The Lunenburg Zoning Board will hear the petition of Michael Conway, 322 Flat Boys and Girls Club of Lunenburg; Resources for Opioid Awareness and Recovery ; Council on Aging Programs/Services; SNAP Benefits (Food Stamps) Schools; Public Library; Lunenburg Community Choice Power/Municipal [Note 14]. WebLunenburg Community Choice Power/Municipal Aggregation; Lunenburg Skate Park; How Do I. We transferred the board's appeal to this court on our own motion. Regs. by ZOOM please be advised that this meeting is being recorded and broadcast over Lunenburg Public Access. It notes that the town is "vulnerable to applications under Chapter 40B" because, at the time, the town only had fifty-four units, representing approximately 1.37 per cent of the town's 3,950 units that qualified as affordable housing under the act. . WebThe Zoning Board of Appeals will consider authorizing the Special Permit. The board does not challenge this analytical framework. Boards & Commissions | Lunenburg [Note 10] Furthermore, unless the statute or regulation applying to the subsidizing agency in question provides otherwise, occupancy of subsidized affordable low or moderate income housing units under the department's comprehensive permit regulations is restricted to "[i]ncome [e]ligible [h]ouseholds," defined as households "whose maximum income does not exceed 80% of the area median income, adjusted for household size." Lunenburg Lunenburg Regs. 760 Code Mass. 339, 354 (1973). We nonetheless choose to decide it and find it meritless. persons aggrieved the ruling of the zoning officer that a proposed storage We address each claim in turn and affirm the judgment of the Superior Court affirming the HAC's decision. "[Applies] for a term . 17 Main Street, P.O. "Use [r]estriction[s]" are accomplished through deed restrictions or other legally binding instruments that run with the land. Any correspondence Lunenburg
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