Brian Levey Quoted in Wicked Local Article on Affordable Housing Ruling in Massachusetts
Brian Levey, a Principal in Beveridge & Diamond’s Wellesley, MA office and co-chair of the firm’s Natural Resources & Project Development practice, discussed the implications of a recent ruling by the Massachusetts Supreme Judicial Court to prevent an affordable housing project from proceeding in a Wicked Local article, “Supreme Judicial Court nixes Stow 40B project.” 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, Mr. Levey concluded that, “In terms of case law, I don’t see this as changing the law. It’s just a fact 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.”
Mr. Levey 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.
Beveridge & Diamond provides the complete range of land use, environmental and litigation services to property owners, developers, builders, government agencies and trade associations before local, state and federal administrative agencies and courts for residential, commercial and industrial projects. For more information on this ruling and its implications, please contact Brian Levey.