| A NEW LOOK AT AN OLD 40B
New Regulations, New Rulings
Co-Sponsored with
City Solicitors and Town Counsel Association
Citizens’ Housing and Planning Association
Suffolk University’s Moakley Institute
Please Note: This course has already
been held.
Date: Friday, September 05, 2008
Location: Suffolk University Law School, 120 Tremont St., Boston, MA
Time: 09:00 AM - 12:30 PM
Faculty
Schedule/Agenda
Registration Information
Unable to attend but are interested in the course materials?
Purchase Here! |
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Chapter 40B has changed more in 2008 than any time in its nearly 40 year history—even without legislative amendment!
In 1969 the Massachusetts Legislature approved landmark and controversial legislation to make it easier to develop low and moderate-income housing throughout the commonwealth. Known alternately as the Anti-Snob Zoning Act, the Comprehensive Permit Law, or just simply as Chapter 40B, G.L. c. 40B, §§ 20-23 is a powerful tool that allows the state to override local land use regulations in certain circumstances in order to address the statewide need for affordable housing.
The Massachusetts Department of Housing and Community Development promulgated a comprehensive rewrite of the regulations and guidelines governing development under Chapter 40B earlier this year. In addition, the Supreme Judicial Court issued an unprecedented seven decisions in 40B cases—nearly the same number decided by the court during the last decade—addressing both procedural and substantive questions that have arisen from the act.
The time has come to take a new look at Chapter 40B. Join our expert panel and learn how to apply the new regulations and recent court rulings to your practice.
Attend and Learn:
- The new regulations for Chapter 40B (760 CMR 56.00)promulgated by DHCD in February 2008. These regulations incorporate and codify many policies and practices that have evolved piecemeal over the years as the result of past court rulings, decisions of the Housing Appeals Committee and department guidelines, in addition to setting forth new practices.
- The new DHCD guidelines issued in April 2008 for 40B developments regarding project design, cost examinations and other matters.
- The recent decisions of the Supreme Judicial Court that provide guidelines to housing developers, municipal officials, state agencies and abutters regarding a variety of issues when developing housing using Chapter 40B. The panel of experts will discuss the following cases:
Town of Hingham v. Dept. of Housing and Community Development Board of Appeals of the City of Woburn v. Housing Appeal Committee Town of Wrentham Zoning Board of Appeals v. West Wrentham
Village, LLC Taylor v. Lexington Board of Appeals Taylor v. Housing Appeals Committee Zoning Board of Appeals of Canton v. Housing Appeals Committee Groton Zoning Board of Appeals v. Housing Appeals Committee
- The legislative history of Chapter 40B including the 1968 Legislative Research Council Report that served as the basis for the statute (Chapter 774 of the Acts of 1969)
- The outlook for future affordable housing production in Massachusetts, including the impact of the upcoming federal census, potential initiative petition to repeal Chapter 40B and changing market conditions.
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Benjamin Fierro, III, Esq.
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Lynch & Fierro LLP, BBoston |
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Deborah J. Goddard, Esq.
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Chief Counsel
Department of Housing & Community Development
Commonwealth of Massachusetts, Boston |
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Werner Lohe, Chairman
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Housing Appeals Committee, Department of Housing and Community Development
Commonwealth of Massachusetts, Boston |
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Lisa L. Mead, Esq.
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Blatman, Bobrowski & Mead, LLC, Newburyport, MA |
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Allan G. Rodgers, Esq.
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Director
Massachusetts Law Reform Institute, Boston |
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Paul D. Wilson, Esq.
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Mintz Levin Cohn Ferris Glovsky & Popeo, P.C., Boston |
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| S C H E D U L E / A G E N D A |
| 9:00 |
WELCOME & INTRODUCTIONS |
| Benjamin Fierro, III, Chair
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| 9:10 |
HISTORICAL PRESPECTIVES AND WHAT YOU CAN LEARN FROM LEGISLATIVE INTENT |
| Allan G. Rodgers
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| 9:45 |
NEW REGULATIONS AND AGENCY PERSPECTIVES |
| Deborah J. Goddard
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| 10:45 |
ANALYSIS OF RECENT SJC CASES |
| Werner Lohe, Lisa L. Mead and Paul D. Wilson
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| 11:45 |
WHAT DOES THE FUTURE HOLD? |
- The Upcoming Census
- Initiative Petition
Deborah J. Goddard, Lisa L. Mead, and Paul D. Wilson
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| Date: |
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Friday, September 05, 2008 |
| Tuition: |
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Tuition is $199.00; $149.00 for Suffolk Alumni, attorneys admitted to the bar after 2005, members of the City Solicitors and Town Counsel Association and Citizens’ Housing and Planning Association. Tuition includes course book and refreshments. IMPORTANT INFORMATION IF YOU'RE PAYING WITH A CHECK:
Suffolk University processes checks electronically using the information on the check to create an electronic funds transfer. Each time you send a check, you authorize a one time transfer of funds to be electronically withdrawn from your bank account. You will not receive your cancelled check as Suffolk University is required to destroy the check after it has been processed. For more information please contact the Office of the Bursar at 617-573-8407.
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| Walk-Ins: |
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Space is limited. Registrations at the door are welcome, but please register in advance to reserve a seat and your written course materials or call to confirm space availability.
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| Refunds: |
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Written requests for cancellations received via fax or email 24 hours prior to program will be granted a refund, minus a $15.00 charge. If you cannot attend, you may send a substitute, otherwise you will receive the written course materials.
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| Location: |
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Suffolk University Law School, 120 Tremont St., Boston, MA
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| Credit: |
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This course is approved for CLE credit in RI, NH, VT & ME.
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Special
Needs: |
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If you have special needs addressed by the Americans with Disabilities Act, please notify us as soon as possible.
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Directions to the Law School.
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Unable to attend but are interested in the course materials?
Purchase Here! |
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