Principal Brian Levey (Boston) was quoted in a February 4 article in Wicked Local titled “Supreme Judicial Court nixes Stow 40B project.” The article the implications of a recent ruling by the Massachusetts Supreme Judicial Court to prevent an affordable housing project from proceeding.

Chapter 40B is the state’s affordable housing law. The Court’s decision was based on its finding that the development’s septic system, despite being compliant with state environmental regulations, would cause unsafe nitrogen levels in the surrounding drinking water.

While he acknowledged the ruling could lead opponents of 40B projects to seek inadequacies in state regulations to defeat project proposals on environmental grounds, Brian concluded that “in terms of case law, I don’t see this as changing the law. It’s just a factual circumstance that hasn’t come up before.” He predicted that the ruling will ultimately not have an impact on future 40B projects stating, “It’s a circumstance that has not come up before, where there were facts on record that compliance with state standards was insufficient to protect the groundwater and the neighbors’ wells.”

Brian has successfully permitted 40B projects throughout Massachusetts, assisting with local land use and environmental permitting and proceedings before the Housing Appeals Committee, Superior Court, and Supreme Judicial Court.

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