The mission of the Housing Appeals Committee is to provide, within the parameters of the comprehensive permit process established by G.L. c. 40B, §§ 20-23, an impartial forum to resolve conflicts arising from the siting of new affordable housing. In doing so, it will carefully balance the need for such housing and legitimate local concerns-planning, environmental, open space, design, health, safety, and other local concerns.
General Information
Chapter 40 B - Massachusetts Comprehensive Permit Law Overview 
Chapter 40 B - Massachusetts Comprehensive Permit Law
(M.G.L. c. 40 B, §§ 20-23)
Regulations - 760 CMR 56.00 (Comprehensive Permit; Low or Moderate Income Housing)
Comprehensive Permit Guidelines
Handbook: Approach to Chapter 40B Design Reviews 
file size 15MB
Guidelines for Local Review of Comprehensive Permits
Massachusetts Comprehensive Permit Law Technical Assistance Guide
760 CMR 30.00 - Procedural Regulations of the Housing Appeals Committee - Superseded by 760 CMR 56.00
760 CMR 31.00 - Housing Appeals Committee - Criteria for Decisions - Superseded by 760 CMR 56.00
Hearing Information
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Initial Pleading Cover Sheet
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Interlocutory Appeal Initial Pleading Cover Form
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Practice Guidelines
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Typical Housing Appeals Committee Schedule
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Standing Order 04-02; Prefiled Testimony
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Standing Order 05-01; Service
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Standing Order 05-02; Stockard & Engler & Brigham, LLC file size 1MB
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Standing Order 05-03; Payment of Filing Fees
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Standing Order 07-01; Mediation
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Standing Order 08-01; Payment of Filing Fees
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Standing Order 10-01; Interlocutory Appeals - Safe Harbor
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Standing Order 11-01: Pre-Hearing Orders with Forms for Pre-Hearing Orders
Download the forms for Pre-Hearing Orders here in Word 2003
or
Rich Text Format
Contact Information
Housing Appeals Committee
100 Cambridge St., Suite 300
Boston, Massachusetts 02114
617-573-1520
Werner Lohe, Chairman
Werner.Lohe@state.ma.us
Shelagh A. Ellman-Pearl , Hearing Officer
Shelagh.Ellman-Pearl@state.ma.us
Jonathan M. Cosco, Hearing Officer
Jonathan.Cosco@state.ma.us
Lorraine Nessar, Docket Clerk
Lorraine.Nessar@state.ma.us
Housing Appeals Committee - Decisions
All decisions and published rulings of the Housing Appeals Committee are available on searchable databases at Lexis.com, WestLaw.com, Socialaw.com, and LandLaw.com. Those from the past several years appear below.
Middleborough, Delphic Associates, LLC v. file size 2MB
Ruling - 03/28/13
Lunenburg, Hollis Hills, LLC v. file size 4MB
Committee Decision - 03/25/13
Middleborough, Delphic Associates, LLC v.
Ruling - 02/27/13
Andover, VIF II/JMC Riverview Commons v. file size 1MB
Committee Decision - 02/27/13
Amesbury, Roger LeBlanc v.
Committee Decision - 01/14/13
Hingham, Avalonbay Communities, Inc. v.
Committee Decision - 01/14/13
Medfield, Medfield North Meadows, LLC v. file size 3MB
Committee Decision - 09/10/12
Norwell, White Barn Lane, LLC, v. file size 1MB
Ruling – 06/11/12
Duxbury, Brewster Commons, LLC v. file size 2MB
Committee Decision - 12/12/11
Wellesley, Wellesley Commons v. file size 2MB
Ruling - 11/14/11
Norwell, Simon Hill LLC v. file size 15MB
Committee Decision - 10/13/11
Reading, Salamone v. file size 1MB
Committee Decision - 08/08/11
Norwell, White Barn Lane LLC v. file size 14MB
Committee Decision - 07/18/11
Sandwich, Sandwich Housing Partners II v. file size 1MB
Committee Decision - 06/13/11
Middleborough, Haskins Way LLC v. file size 8MB
Committee Decision - 03/28/11
Groton, Mattbob, Inc, v. file size 6MB
.
Committee Decision - 12/13/10
Scituate, Herring Brook Meadow, LLC v. file size 1MB
Ruling - 12/13/10
Lunenburg, Hollis Hills, LLC v.
Ruling - 09/27/10
Wenham, Burley St., LLC v. file size 1MB
Committee Decision - 09/27/10
Duxbury, Delphic Associates, LLC v. file size 1MB
Committee Decision - 09/14/10
Sunderland, Sugarbush Meadow, LLC v. file size 1MB
Committee Decision - 06/21/10
Dighton, Stoney Ridge Estates, LLC v.
Committee Decision - 06/21/10
Hanover, Hanover Woods, LLC v.
Committee Decision - 06/21/10
Scituate, Herring Brook Meadow, LLC v. file size 2MB
Committee Decision - 05/26/10
Sandwich, Autumnwood, LLC v. file size 1MB
Committee Decision on Remand - 3/8/10
Duxbury, Delphic Associates, LLC v.
Ruling - 01/12/10
Lunenburg, Hollis Hills, LLC v. file size 2MB
Committee Decision - 12/04/09
Middleborough, 28 Clay Street Middleborough, LLC v. file size 3MB
Committee Decision - 09/28/09
Andover, Taylor Cove Development, LLC v. file size 2MB
Ruling - 07/07/09
Bourne, Chase Developers, Inc v file size 2MB
Committee Decision - 06/08/09
Bourne, Chase Developers, Inc v file size 1MB
Ruling - 04/13/09
Bourne, Chase Developers, Inc v.
Ruling - 03/06/09
Holliston, Green View Realty, LLC v. file size 1MB
Committee Decision - 01/12/09
Gloucester, Brierneck Realty, LLC v. file size 7MB
Committee Decision - 08/11/08
Swampscott, 100 Burrill Street, LLC v
Committee Decision - 06/09/08
Amesbury, Leblanc v. file size 6MB
Committee Decision - 05/12/08
Brookline, Paragon Residential Properties, LLC v. file size 1MB
Committee Decision - 05/12/08
Northbridge, Triangle Land Development Corp., Inc. v. file size 1MB
Committee Decision - 05/12/08
Natick, Natick Hunter's Hill, LLC v. file size 1MB
Committee Decision - 04/14/08
Edgartown, Cozy Hearth Community Corporation v. file size 5MB
Committee Decision - 04/14/08
Bellingham, South Center Realty, LLC v. file size 2MB
Ruling - 03/24/08
Hanover, 511 Washington Street, LLC v. file size 3MB
Committee Decision - 01/22/08
Boxboro, Whitcomb Ridge, LLC v. file size 2MB
Committee Decision - 01/22/08
West Boylston, Lever Development, LLC and Village at Oakdale Associates, LLC v file size 1MB
.
Committee Decision - 12/10/07
Stoughton, Woodbridge Crossing Inc., v file size 1MB
Ruling -11/19/07
Amesbury, Attitash Views, LLC v. file size 3MB
Committee Decision - 10/15/07
Norwell, Tiffany Hill Inc v. file size 1MB
Committee Decision - 9/18/07
Needham, Webster Street Green, LLC v. file size 3MB
Committee Decision - 9/18/07
Cohasset, Avalon Cohasset Inc v. file size 1MB
Committee Decision - 9/18/07
Scituate, Oceanside Village, LLC v. file size 5MB
Committee Decision - 7/17/2007
Sandwich, Autumnwood, LLC v. file size 2MB
Committee Decision - 6/25/2007
Medway, Maritime Housing Fund LLC v. file size 1MB
Committee Decision - 4/25/2007
Mansfield, Rosewood Realty Trust v.
Committee Decision - 4/25/2007
Brookline, Paragon Residential Properties, LLC v. file size 8MB
Committee Decision - 3/26/2007
Natick, 8 Grant Street, LLC v. file size 2MB
Committee Decision - 3/05/2007
Douglas, Forestview Estates Assoc. Inc. v. file size 1MB
Ruling - 3/05/2007
Pre-2007 Decisions
Decisions and published rulings of the Housing Appeals Committee prior to 2007 are available on searchable databases at Lexis.com, WestLaw.com, Socialaw.com, and LandLaw.com. Copies of these, listed below, may also be obtained from the Committee’s Docket Clerk Lorraine Nessar at lorraine.nessar@state.ma.us.
Amesbury, Meadowbrook Estates Ventures, LLC v.
Committee Decision - 12/12/2006
Rehoboth, 9 North Walker Street Development Inc. v.
Committee Decision - 11/06/2006
Groton, Groton Residential Gardens, LLC v.
Committee Decision - 8/10/2006
Upton, Noble Vista Development, LLC v.
Ruling - 7/13/2006
Lexington, Grandview Realty Inc. v.
Committee Decision - 7/10/2006
Braintree, O.I.B Corp v.
Committee Decision - 3/27/2006
Billerica, Alexander Estates, LLC v.
Ruling - 3/27/2006
Sherborn, Rising Tide Development, LLC v.
Committee Decision - 3/27/2006
Brookline, Paragon Residential Properties, LLC v.
Ruling - 3/02/2006
Lexington, Grandview Realty Inc.
Ruling - 2/10/2006
Peabody, Litchfield Heights, LLC v.
Committee Decision - 1/23/2006
West Boylston, Lever Development, LLC v.
Ruling - 12/16/2005
Marion, Baywatch Reality Trust v.
Committee Decision - 12/05/2005
Sandwich, Autumnwood, LLC, v.
Ruling - 11/4/2005
Yarmouth, Enterprise Village, LLC v.
Ruling - 10/14/05
Bedford, Princeton Development Inc. v.
Committee Decision - 9/20/2005
Canton, Canton Property Holdings, LLC v.
Committee Decision - 9/20/2005
Groton, Washington Green Development, LLC v.
Committee Decision - 9/20/2005
Woburn, Archstone Communities Trust v.
Committee Decision - 9/20/2005
Rehoboth, 9 North Walker Street Development, Inc. v.
Committee Decision - 6/28/2005
Lexington,Rising Tide Development v.
Committee Decision - 6/14/2005
Wrentham, West Wrentham Village, LLC v.
Ruling - 7/13/2005
Medway, Apple Farm Estates, LLC v.
Ruling - 2/16/2005
Sandwich, Farmview Affordable Homes, LLC v.
Committee Decision - 2/1/2005
Stoughton, Page Place Apartments, LLC v.
Committee Decision - 2/1/2005
Tewskbury, L. A. Associates, Inc. v.
Committee Decision - 2/1/2005
Waltham, Lexington Woods, v.
Committee Decision - 2/1/2005
Grafton, Adams Road Trust v.
Committee Decision - 12/10/2004
Brookline, Paragon Residential Properties, LLC v,
Ruling - 12/01/2004
Marion, Bay Watch Realty Trust v.
Ruling - 11/22/2004
Sharon, Mountain Street LLC v.
Ruling - 10/20/2004
Nantucket, Rugged Scott, LLC v.
Ruling - 10/14/2004
Chelmsford, Lifesaver Ministries v.
Committee Decision - 8/2/2004
Gloucester, Mallow Realty Trust v. exhibit 8
Committee Decision - 5/26/2004
Hopkinton, Weston Development Group v.
Committee Decision - 5/26/2004
Sandwich, Farmview Affordable Homes, LLC v.
Ruling - 5/21/2004
Lynnfield, Pyburn Realty Trust v.
Committee Decision - 3/22/2004
Hopkinton, Peppercorn Village Realty Trust v.
Committee Decision - 1/26/2004
Ludlow, Atwater Investors, Inc. v.
Committee Decision - 1/26/2004
Townsend, Transformations, Inc. v.
Committee Decision - 1/26/2004
Weymouth, Arbor Hill Holdings v.
Ruling - 9/24/2003
Barnstable, Settlers Landing v.
Ruling - 9/22/2003
Tyngsborough, East Homes Trust v.
Ruling - 7/21/2003
Rehoboth, 9 North Walker Street Development, Inc. v.
Committee Decision - 6/11/2003
Woburn, Archstone Communities Trust v.
Committee Decision - 6/11/2003
Woburn, Cirsan Realty Trust v.
Committee Decision - 6/11/2003
Georgetown, Casaletto Estates, LLC v.
Committee Decision - 5/19/2003
Westwood, G-R Highland Glen Ltd. Partnership v.
Ruling - 4/07/2003
Danvers, 114 Sylvan St., LLC v.
Committee Decision - 2/28/2003
Husdon, Delphic Associates LLC v.
Committee Decision - 12/23/2002
Natick, Cloverleaf Apartments LLC v.
Committee Decision - 12/23/2002
Townsend, Transformation, Inc. v.
Ruling - 9/23/2002
Barnstable, Stuborn Ltd Partnership v.
Committee Decision - 9/18/2002
Middleborough, Delphic Associates LLC v.
Committee Decision - 7/17/2002
Wayland, Rocco Scippa v.
Committee Decision 7/17/2002
Dennis, Dennis Housing Corporation v.
Committee Decision - 5/7/2002
Walpole, Hilltop Preserve LP v.
Committee Decision 4/10/2002
Natick, Cloverleaf Apartments, LLC v.
Ruling - 3/4/2002
Franklin, Franklin Commons LP v.
Committee Decision - 9/27/2001
Sudbury, Drumlin Development LLC v.
Committee Decision - 9/27/2001
Dover, Farm Street Trust v.
Committee Decision - 6/28/2001
Ipswich, Woodridge Realty Trust v.
Committee Decision - 6/28/2001
North Attleborough, Dexter Street, LLC v.
Committee Decision - 6/12/2000
Plainville, Messenger Street Plainville v.
Committee Decision - 10/18/1999
Barnstable, Stuborn LTD v.
Committee Decision - 3/5/1999
Wellesley, Hastings Village, Inc. v.
Committee Decision - 1/8/1998
Whitman, Shamrok Construction v.
Committee Decision - 9/26/1996
Southbridge, Southbridge HA v.
Committee Decision - 9/26/1996
Wellesley, Hastings Village, Inc. v.
Committee Decision - 3/21/1996
Kingston, Anglewood Housing Development v.
Committee Decision - 10/2/1995
Yarmouth, CSR Management, Inc. v.
Committee Decision - 9/7/1995
Easton, Welch v.
Committee Decision - 2/28/1995
Haverhill, AN-CO v.
Committee Decision - 6/28/1994
Southbridge, Southbridge HA v.
Committee Decision - 2/16/1994
Tyngsborough, Red Gate Road Realty Trust v.
Committee Decision - 12/8/1993
Southborough, Albro/Southborough Ltd Partnership v.
Committee Decision – 12/8/93
Wareham, L. Martin Johnson v.
Committee Decision – 10/13/93
Billerica, Northern Middlesex Hsg Associates v.
Committee Decision – 10/12/93
Plymouth, Little Hios Hill Realty Trust v.
Committee Decision - 9/23/1993
Chelmsford, Telemos, Inc. v.
Amended Decision - 9/16/1993
Canton, Canton Housing Authority v.
Committee Decision - 7/28/1993
Bourne, Woodland Heights Partnership v.
Committee Decision - 6/14/1993
Ipswich, Ipswich Housing Authority v.
Committee Decision - 6/14/1993
Haverhill, Mapleleaf v.
Committee Decision - 1/27/1993
Billerica, Northern Middlesex v.
Committee Decision - 12/3/1992
Wellesley, Capital Site Management v.
Committee Decision – 9/24/1992
Deerfield, Thayer Place v.
Committee Decision – 9/24/1992
Lexington, Lexington Ridge v.
Committee Decision – 6/25/1992
Westborough, CMA, Inc. v.
Committee Decision – 6/25/1992
Belmont, John Owens, et al v.
Committee Decision – 6/25/1992
Taunton, Cooperative Alliance of Mass., v.
Committee Decision – 4/2/1992
Hopedale, Hamlet Development Corporation, v.
Committee Decision – 1/23/1992
Billerica, Billerica Development Co., Inc., v.
Committee Decision – 1/23/1992
Pembroke, KSM Trust v.
Committee Decision – 11/18/1991
Oxford, Oxford Housing Authority, v.
Committee Decision – 11/18/1991
Falmouth, G. P. Affordable Homes Corp., v.
Committee Decision – 11/12/1991
Groton, Groton Housing Authority, v.
Committee Decision – 09/19/1991
Medfield, Spencer Livingstone v.
Committee Decision – 06/12/1991
Merrimac, H.T.C., Inc. v.
Committee Decision – 06/20/1991
Raynham, Tetiquet River
Committee Decision – 03/20/1991
Stoneham, Stoneham Heights
Committee Decision – 03/20/1991
Tewksbury, Sheridan Dev. Company v.
Committee Decision – 01/16/1991
Westwood, Wheelock Grant Corp. v.
Committee Decision – 11/14/1990
Acushnet, Wayne Walega, Richard Walega d/b/a Richway Associates v.
Committee Decision – 11/14/1990
Plymouth, Mayflower on the Bay v.
Committee Decision – 09/19/1990
Wilmington, Wilmington Arboretum Apts. v.
Committee Decision – 6/20/1990
Westwood, Commons At Westwood, Inc. v.
Committee Decision – 6/20/1990
Abington, Abington Housing Authority v.
Committee Decision – 6/20/1990
Wilmington, Wilmington Arboretum Apts. v.
Committee Decision – 1/19/1990
Lee, Lee Housing Authority v.
Committee Decision – 12/18/1989
Chelmsford, Telemos, Inc. v.
Committee Decision – 10/12/1989
Yarmouth, Shorebrook Trust v.
Committee Decision – 5/3/1989
Hamilton, Hamilton Housing Authority v.
Committee Decision – 12/15/1988
Taunton, Silver Tree Ltd Partnership v.
Committee Decision – 10/19/1988
Haverhill, Haverhill Green Associates v.
Committee Decision – 9/15/1988
Wrentham, Wrentham Housing Authority v.
Committee Decision – 8/25/1988
Tewksbury, Merrimack Meadows Corp. v.
Committee Decision – 8/23/1988
Georgetown, Georgetown Housing Authority v.
Committee Decision – 6/15/1988
Ludlow, Ludlow Housing Authority v.
Committee Decision – 5/11/1988
Amherst, Mill Valley Ltd Partnership v.
Committee Decision – 4/8/1988
Barnstable, Barnstable Housing Authority v.
Committee Decision – 10/9/1987
Barnstable, Douglas Label & Jeffrey A Sollows, Stonebrook v.
Committee Decision – 10/5/87
Peabody, The Ledges of Peabody Apartments v.
Committee Decision – 4/8/87
Barnstable, Crossroads Housing Partnership v.
Committee Decision – 3/25/87 with
Amendment to Decision – 11/27/87
Randolph, Bittersweet Associates v.
Committee Decision – 12/23/85
Southampton, Line Street Associates v.
Committee Decision – 11/22/85
Saugus, Saugus Housing Authority
Committee Decision – 10/28/85
Kingston, Quadraplex Housing, Inc. v.
Committee Decision – 8/26/85
Methuen, Methuen Housing Authority v.
Committee Decision – 7/22/85
Raynham, Shamray Limited Partnership v.
Committee Decision – 4/9/85
Watertown, Watertown Housing Authority v.
Committee Decision – 6/5/1984
Millbury, Millbury Housing Authority v.
Committee Decision – 2/2/1984
Billerica, Billerica Housing Authority v.
Committee Decision – 8/4/1983
Medway, Medway Housing Authority v.
Committee Decision – 3/28/1983
Sharon, South Norfolk Elderly Housing Services, Inc. v.
Committee Decision – 3/21/1983 with
Amendment of Decision – 10/27/1983
Attleboro, Brown Street Associates v.
Committee Decision – 3/1/1983
Hingham, Harbor Glen Associates v.
Committee Decision – 8/20/1982
Huntington, Berkshire East Associates v.
Committee Decision – 6/1/1982
Peabody, Sherwood Estates v.
Committee Decision – 4/30/1982
Adams, Adams Housing Authority v.
Committee Decision – 4/1/1982
Dartmouth, Dartmouth Crossroads & Claremont Company v.
Committee Decision – 10/20/1981
Newton, Carroll Center for the Blind v.
Committee Decision – 6/22/1981
Greenfield, Raymond Daddario v.
Committee Decision – 6/15/1981
Wellesley, Cedar Street Associates v.
Committee Decision – 3/4/1981
South Hadley, Riverboat Associates v.
Committee Decision – 1/9/1981
Saugus, Saugus Commons Associates v.
Committee Decision – 12/4/1978
Dennis, Lewis S. Gordon d/b/a Lewis Gordon Sen. Citizens Apts. v.
Committee Decision – 11/20/1978
Westfield, Forty Eight Company v.
Committee Decision – 8/23/1976
Melrose, Pond View Glen Associates v.
Committee Decision – 8/23/1976
Rockland, Robinwood, Inc. v.
Committee Decision – 12/3/1975
Revere, Revere Housing Authority v.
Committee Decision – 12/2/1975
Walpole, Hugh W. Browne, Trustee v.
Committee Decision – 7/8/1975
Upton, Millhaus Trust of Upton v.
Committee Decision – 7/8/1975
North Andover, Planning Office for Urban Affairs, Inc. v.
Committee Decision – 5/5/1975 with
Amendment to Decision . . . – 2/14/1977
Northampton, Pioneer Home Sponsors, Inc. v.
Committee Decision – 4/1/1975
Concord, Hayward Pond Park, Inc. v.
Committee Decision – 3/14/1975 with
Order Extending Period of Comp. Permit – 3/11/1977
Scituate, Planning Office for Urban Affairs, Inc. v.
Committee Decision – 3/14/1975
Newton, Auburndale Gardens, Inc. v.
Committee Decision – 1/23/1975
Haverhill, Hadley West Associates v.
Committee Decision – 9/25/1974
Lexington, Planning Office for Urban Affairs, Inc. v.
Committee Decision – 8/29/1974 with
Amendment to Decision – 2/24/1975
Billerica, Community Development Co. of Billerica v.
Committee Decision – 8/5/1974
Northbridge, T/D/B Realty Trust v.
Committee Decision – 8/5/1974
Acton, Acton Housing Authority v.
Committee Decision – 7/18/1974
Westborough, Westborough Country Village Co. v.
Committee Decision – 7/18/1974
Beverly, Planning Office for Urban Affairs, Inc. v.
Committee Decision – 5/10/1974
Chelmsford, The Riverside Realty Trust v.
Committee Decision – 5/10/1974
Weymouth, Whitman House Associates v.
Committee Decision – 4/22/1974
Weymouth, Whitman House Associates v.
Committee Decision – 2/13/1974
Maynard, Woodcrest Village Associates v.
Committee Decision – 2/13/1974
Waltham, Waltham Housing Authority v.
Committee Decision – 2/13/1974
Gardner, Interfaith Housing Corporation v.
Committee Decision – 2/13/1974
Woburn, Glen Realty Trust v .
Committee Decision – 2/13/1974
Norwood, Wilson Street Trust v.
Committee Decision – 2/13/1974
Lexington, Lexington Interfaith Corporation v.
Committee Decision – 8/27/1973
Bedford, Bedford Town, Inc. v.
Committee Decision – 8/27/1973
Dartmouth, Dartmouth West Housing Associates v.
Committee Decision – 8/27/1973
Chelmsford, The Riverside Realty Trust v.
Ruling – 7/27/1972
Concord, Concord Homeowning Corporation v.
Committee Decision – 11/19/1971
Hanover, Country Village Corporation v.
Committee Decision – 9/13/1971