About The Firm
Supreme Judicial Court Rules When and How to Require Plaintiffs to Post Bonds in Zoning and Comprehensive Permit Appeals and on Remand the Superior Court Does So
In January 2021, the Zoning Act, G.L. c. 40A, was amended to give the trial court judge discretion to require a plaintiff appealing a special permit, variance, or site plan decision to post a bond of up to $50,000 “to secure the payment of costs if the court finds that the harm to the defendant or to the public interest resulting from delays caused by the appeal outweighs the financial burden of the surety or cash bond on the plaintiffs.”
Housing Choice Act of 2020 Promotes Multi-Family in Massachusetts Zoning Act and 40R
Governor Baker signed the Housing Choice Act of 2020, Chapter 358 of the Acts of 2020 (the “Housing Choice Act”) on January 14, 2021, as an emergency law, which made it effective immediately. It made significant procedural and substantive changes to the Massachusetts Zoning Act (Chapter 40A) and Smart Growth Districts (Chapter 40R), largely to facilitate multi-family housing near transportation facilities.
Tiny Houses Face Zoning and Other Obstacles in Massachusetts
Tiny House fever is sweeping the nation. The public seems to be head over (w)heels for the concept—small yet artistically crafted homes offering the key elements of a house in the space of a traditional garden shed.
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