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ZONING BOARD OF APPEALS OF WELLESLEY v. ARDEMORE APARTMENTS LIMITED PARTNERSHIP

436 Mass. 811 (2002)

ZONING BOARD OF APPEALS OF WELLESLEY & another v. ARDEMORE APARTMENTS LIMITED PARTNERSHIP & another.

Supreme Judicial Court of Massachusetts, Norfolk.

May 15, 2002.

Attorney(s) appearing for the Case

Brian C. Levey (Maura A. Gallagher with him) for Ardemore Apartments Limited Partnership.

Albert S. Robinson, Town Counsel, for the plaintiffs.

Thomas A. Barnico, Assistant Attorney General, for Housing Appeals Committee.

The following submitted briefs for amici curiae:

Robert D. Smith, Town Attorney, & Thomas J. Urbelis for Massachusetts City Solicitors and Town Counsel Association.

J. Owen Todd, Christopher Weld, Jr., & Edward Foye for Massachusetts Housing Finance Agency.

David A. Brown & Kurt A. James for Massachusetts Municipal Association & others.

Michael E. Malamut for New England Legal Foundation.

Margaret Turner, Ann Jochnick, Allan G. Rogers, Marc Potvin, & Stephen Matthews for Massachusetts Alliance of HUD Tenants & others.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.

MARSHALL, C.J.

We must decide in this case whether the owner of a thirty-six unit apartment building in an area of the town of Wellesley zoned as a single-family district has a continuing obligation to make some of the apartments available at below market rents, where permission to build the complex was secured under the comprehensive permit statute, G. L. c. 40B, §§ 20-23 (Act). The permit was issued in July, 1982, to Cedar Street Associates (owner)

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