Best Consumer Protection Lawyers in Quincy, MA

The Appeals Court Reinforces Developer’s Expectations from Zoning Decisions The Appeals Court recently provided guidance on how defects in notice of special permit or variance hearings required by the Massachusetts Zoning Act, G.L. c. 40A, affect appeal rights. The specific issue was the Town’s failure to mail neighboring properties notice of zoning hearings, as is required by G.L. c. 40A, § 11. The Court decided that this notice failure did not allow neighbors to contest a special permit decision after the appeal period had passed. Recognizing that abutters legally entitled to mailed notices can lose appeal rights even if they never knew a public hearing had occurred, the Court balanced a developer’s expectations after the appeal period expired against other interests. As background, many development projects require a special permit or variance that allow local boards (typically the planning or zoning board depending on the town) to consider and condition projects. Before a board can issue a decision on the developer’s application, it must hold public hearings and allow for public comment. State law requires that a municipality provide three separate notifications of a special permit or variance hearing: 1) mailing a copy of the notice to abutters; 2) posting notice in the municipality’s town or city hall, and 3) publishing in a newspaper. General Laws Ch. 40A, §§ 9 & 11.