KCI Management, Inc. v. Board of Appeal

Boston’s board of appeal (board) has appealed from a judgment declaring invalid portions of a regulatory regime establishing a greenbelt overlay district. Because the governing greenbelt regulations permissibly impose conditions, through site plan review, on uses that otherwise are permitted as of right in the underlying district, we conclude that the overlay scheme is valid. As applied by the board, however, the regula*255tians are invalid because the board failed to impose reasonable terms and conditions on the proposed use, thereby prohibiting uses allowed as of right. We also decide that the…