Developers Who Elect Not To Pay Comprehensive Permit Fees In Full Proceed At Their Peril

The Massachusetts Appeals Court issued an opinion on August 29, 2016, that has significant ramifications for developers seeking Comprehensive Permits for affordable housing projects under chapter 40B of the Massachusetts General Laws ("Chapter 40B"). In Zoning Board of Appeals of Hanover v. Housing Appeals Committee, 90 Mass. App. Ct. 111 (2016) ("Hanover Woods"), the Appeals Court addressed at what point a Chapter 40B application is deemed filed with a zoning board of appeals. Timing is critical because the Housing Appeals Committee ("HAC") cannot order a board of appeals to grant a Comprehensive Permit or to modify or remove conditions to the issuance of a permit if, before the receipt of the application, the municipality satisfied one or more of the Methods to Measure Progress Toward Local Affordable Housing Goals defined in 760 CMR 56.03 (the so-called "safe harbors"). One such safe harbor applies when the Department of Housing and Community Development (the