In a letter dated December 31, 2014 to John Leaonard, Chair of the Board of Appeals, Aaron Gorstein of the Department of Housing and Community Development ruled that the town has failed to meet the burden of proof in its claim that 1.5% of geographic area has affordable housing. On behalf of the town Mr. Leonard sought DHCD approval for denial of a comprehensive permit for property at 711 Randoph Avenue to DHCD based on the town’s meeting the 1.5% criteria.

The letter states:

Towns can rebuff comprehensive permits (i.e.40B developments) if a) 10% of the town’s housing inventory is at an affordable level or b) if 1.5% of the town’s geographic area (removing state owned propery and other special lots) has affordable housing on it.

The decision by DHCD will allow the developer to proceed with the permit application. In a brief conversation with Town Planner Bill Clark he said the town, which had just received the decision, would examine the findings and explore their options. One option, as the letter notes, is to appeal the finding with the Housing Appeals Committee. You can find the full text of the DHCD’s decision here.

The hearing is currently scheduled to be continued on January 22.