In a recent unpublished decision in Zoning Board of Appeals of Brookline v. Housing Appeals Committee (pdf), an Appeals Court panel rejected the position of the state’s Housing Appeals Committee (HAC) that, once HAC determines that a permit condition renders a project uneconomic, it has free reign to strike or modify any condition imposed by the local board of appeals – including conditions which themselves don’t cause the project to be uneconomic. This decision significantly curtails HAC’s ability to modify comprehensive permit conditions. Given its importance, it’s surprising that this decision was issued as an unpublished decision under the Appeals Court’s Rule 1:28 (pdf).
