HAC's Approval of 40B Project Upheld: Don Pinto Quoted in Massachusetts Lawyers Weekly
A Massachusetts Appeals Court has upheld a Housing Appeals Committee decision to order the town of Andover (Mass.) to issue a “comprehensive permit under Chapter 40B” to allow a “mixed-income rental housing development within an existing commercial and industrial park.”
The town’s Zoning Board of Appeals originally denied the permit, citing “incompatibility with the town’s master planning needs,” but the HAC found that the town of Andover had not met its affordable housing goals and overturned the ZBA’s original denial.
Pierce Atwood Real Estate Partner Donald R. Pinto Jr. noted, “If the town hasn’t reached the 10 percent threshold, the HAC will invariably find that the town’s planning interests don’t outweigh the local need for affordable housing.”