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· 3/22/1973

Board of Appeals of Hanover v. Housing Appeals Comm.

Citations

  • 294 N.E.2d 393
  • 363 Mass. 339
  • 1973 Mass. LEXIS 403

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that “the zoning power is one of a . . . town’s independent municipal powers included in art. 89, § 6’s broad grant of powers to adopt ordinances or by-laws for the protection of the public health, safety, and general welfare”
  • “Building height limitations were also found to have a significant negative impact on low and moderate income housing”
  • “The Home Rule Amendment grants cities and towns independent municipal powers which they did not previously inherently possess”
  • G. L. c. 40B confers on board power to override local “requirements and regulations,” including town zoning ordinances or bylaws
  • reference of approval of drainage and sewage systems to local and State boards of health and possible requirement of disclosure of leasing arrangements incorporated known and sufficiently definite standards
  • “any ambiguities which may remain in [the act] can be resolved by administrative regulations promulgated by the Commissioner of Community Affairs”

Source: CourtListener parenthetical corpus (CC0).

Judges: Tauro, Reardon, Quirico, Braucher, Hennessey, Kaplan

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.