The Massachusetts Appeals Court held that although when the litigation first began the town was below the state’s ten percent requirement for affordable housing units (the town had under 8%), but the town has now exceeded the mandate, it is nonetheless required to approve construction of proposed additional units that would increase its affordable housing stock to more than twelve percent. The Housing Appeals Committee (HAC) determined that the proposed 180 units that would provide both market rate and affordable housing should be approved, but the town argued that it would create an “unreasonable overage” of affordable housing. The appeals court held that “(A)ttainment of the ten percent will not necessarily demonstrate that a locality’s need for affordable housing has been satisfied.” Further, the Court held that the HAC decision should be affirmed in light of evidence supporting the HAC’s conclusion that the board’s concern over increased traffic did not constitute a local safety concern outweighing the need for affordable housing.
Zoning Board of Appeals of Canton v. Housing Appeals Committee, 2010 WL 924273 (Mass. App. Ct. 3/18/10)
The opinion can be accessed at: http://www.universalhub.com/2010/zoning-board-appeals-canton-vs-housing-appeals-com
