Town Cannot Avoid Full Hearing on Comprehensive Permit Application

Beveridge & Diamond, P.C., July 2007

The Town of Wrentham could not avoid hearing the merits of an application for a comprehensive permit under Chapter 40B based on its own determination that it had met its affordable housing obligation, the Appeals Court recently concluded in Town of Wrentham v. HAC, Appeals Court No. 06-P-587 (June 27, 2007). 

In this case, after the developer filed its comprehensive permit application, the Town held a public hearing but did not consider the merits of the proposal.  Rather, the Town denied the application on the sole basis that its affordable housing obligation has been satisfied.  The Town’s calculation of its affordable housing stock included housing provided to residents at the Wrentham Developmental Center, which is owned by the Department of Retardation and provides services for the mentally disabled. 

The developer appealed to the HAC, which agreed the Town had miscalculated its eligible affordable housing units by including the housing provided at the Wrentham Development Center.  The HAC then ordered the Town to hold a full hearing on the application.

In response, the Town filed a case in Superior Court, seeking to avoid further hearings on the application.  It first argued that the HAC lacked jurisdiction because the Town had satisfied its affordable housing obligation.  The Appeals Court disagreed, holding that whether a municipality has met its affordable housing obligation is a factual question entrusted to the expertise of the HAC.  The Court also noted that Chapter 40B contemplates that an application for a comprehensive permit will receive a full hearing and consideration, not “piecemeal review.”  The achievement of the affordable housing obligation is a consideration, but not determinative of local needs, and therefore does not negate the requirement of hearing the application on its merits in a full hearing.

For further information, please contact Brian Levey at blevey@bdlaw.com or Marc Goldstein at mgoldstein@bdlaw.com.