· 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 CourtListenerSourced 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.