Zoning Board of Appeals of Wellesley v. Ardemore Apartments Limited Partnership

In Zoning Board of Appeals of Wellesley v. Ardemore Apartments Limited Partnership, 436 Mass. 811, 767 N.E.2d 584 (2002), the SJC stated that "a developer's commitment to help a city or town achieve its statutory goal is the raison d'etre for the override of inhibiting zoning practices." The Ardemore court held that the statute requires an owner to maintain units as affordable for as long as the housing is not in compliance with local zoning requirements. The court states: But if a town has already met its share of low and moderate income housing, the local zoning board may deny an application for a comprehensive permit, and HAC has no authority to order a local board to issue one. Ardemore, 436 Mass. at 815. In using the word 'may,' the Ardemore court acknowledged that once a municipality reaches the statutory minimum affordable housing threshold, the local zoning board is not forced to deny an application for a comprehensive permit. The court also recognized a difference in authority between a local zoning board and the HAC; a town may exercise its discretion to issue a comprehensive permit after reaching the statutory minimum affordable housing threshold, but can't be forced to do so by the HAC.