Bell v. Zoning Board of Appeals

The defendant Gloucester Housing Authority (authority) applied for a comprehensive permit to build low *552income housing on its land under G. L. c. 40B, § 21.3 The defendant zoning board of appeals of Gloucester (board) scheduled a public hearing on the authority’s application. Because the public hearing did not occur within thirty days of the board’s receipt of the application, as is required by G. L. c. 40B, § 21, the application was constructively approved.

Mac Stewart Bell, trustee of M-M Realty Trust (trustee), an abutter of the authority’s land, appealed to the Superior Court asserting…