Zoning Bd. of Appeals of Woburn v. Hous. Appeals Comm.
Massachusetts Appeals Court
1Opinion of the Court
A judge of the Land Court entered judgment on cross motions for judgment on the pleadings, affirming a decision of the Housing Appeals Committee (HAC). The HAC's decision vacated the Woburn zoning board of appeals's (board) denial of Woburn 38 Development, LLC's (developer) application for modification of a 2006 comprehensive permit issued pursuant to G. L. c. 40B, §§ 20 - 23. The board appeals, arguing that the HAC (i) improperly shifted the burden of proof to the board and (ii) failed to recognize the board's concerns regarding the duration of the construction project and associated noise…
2Cases cited3 opinions
- Dennis Housing Corp. v. Zoning Board of AppealsMassachusetts Supreme Judicial Court · 2003
- Zoning Board of Appeals v. Housing Appeals CommitteeMassachusetts Appeals Court · 2011
- Eisai, Inc. v. Housing Appeals CommitteeMassachusetts Appeals Court · 2016