Superior Court Rejects State Housing Appeals Committee’s Narrow Interpretation of Standing in Chapter 40B Cases

On June 22, the Nantucket Superior Court (Wilkins, J.) overturned a decision by the Housing Appeals Committee (“HAC”) denying the Nantucket Land Council (“NLC”), a nonprofit environmental organization represented by Hill Law, intervention in the HAC’s review of a comprehensive permit issued by the Nantucket Zoning Board of Appeals to developer Nantucket Surfside, LLC. The developer appealed to the HAC in 2019 in hopes of drastically expanding the size of its planned housing development under Chapter 40B – a development which would clear-cut land that the NLC argues is crucial habitat for state-listed endangered species.  Prior to this Ruling, the HAC had interpreted the statute and regulations narrowly, effectively denying intervention unless an intervener could demonstrate an aggrievement tied to a specific local bylaw or ordinance being waived for the project.  The Court found that this was an “unreasonably cramped reading” of the statute, and ruled that interests protected by the statute could also form the basis for standing, including those found in G.L. c. 40B, § 20: “promoting better site and building design in relation to its surrounding,” and “preserving open spaces.”  This ruling will clarify law surrounding intervention and standing in Chapter 40B and HAC appeals, and holds wider implications for future administrative law practice in the Commonwealth.

For more, read the Nantucket Superior Court Decision, or check out a more detailed analysis of the Decision on our blog.