Details

Title	Dennis Housing Corp. vs Zoning Board of Appeals of Dennis et. Al.
Highlights	The Dennis, Massachusetts Board of Zoning Appeals and the historic committee argued that the committee was not subject to the state’s streamlined permitting law.   The Supreme Judicial Court said that streamlined permitting process did restrict local historic regulatory committees.                       The Dennis, Massachusetts Board of Zoning Appeals and the historic committee argued that the committee was not subject to the state’s streamlined permitting law.   The Supreme Judicial Court said that streamlined permitting process did restrict local historic regulatory committees.
Description	In this case the Massachusetts Supreme Judicial Court held that a historic committee was a local body and was subject to Massachusetts Comprehensive Permitting law. The plaintiff, Dennis Housing Corporation, sought to construct an elderly low- and moderate-income housing development in Dennis, Massachusetts. The developer applied for a comprehensive permit to avoid the delays associated with seeking permits from any number of local approval agencies. The zoning board however said that the historic committee was not a “local board” subject to the State’s permitting law and would not allow the project to proceed until the historic committee reviewed and approved the project. The Superior Court ruled that the committee was a local board and the Supreme Judicial Court transferred the case from the Appeals Court. The Supreme Judicial Court began by discussing the legal foundation the legislature provided to certain historic committees on Cape Cod. It also compared the functioning of these committees with the intent of the Comprehensive Permit Act to eliminate the time-consuming review processes. In its decision, the Court said that the historic committee was a local board and was subject to the Comprehensive Permitting law. They held that the developer did not have to seek a separate approval from the historic committee.
Publication Date	2003
Organization	Supreme Judicial Court [Massachusetts]
Web Location	http://www.socialaw.com/article.htm?cid=13176

Notice: The contents of this record reflect the views of the author and/or promulgating municipality, and should not be construed as representing the views or policies of the U.S. Department of Housing and Urban Development or U.S. HUD's Office of Policy Development and Research. No attempt has been made by U.S. HUD or its contractors to verify the accuracy, currency, or validity of the record contents presented herein.