On Friday the Land Court issued a disappointing decision denying the Town of Hingham’s appeal of the comprehensive permit that had been issued to River Stone by the Massachusetts Housing Appeals Committee (“HAC”) under the provisions of Chapter 40B. The Town had sought to enforce conditions imposed by the Hingham Zoning Board of Appeals which were designed to protect the health, safety and welfare of Town residents. Ever since River Stone first filed its comprehensive permit in 2016, the Town has vetted the project with experts to assess the impact on the local community of the proposed condominium housing development to be located off Ward Street.
Unfortunately, the Land Court refused to disturb HAC’s decision that allows the project to proceed without the conditions required by the Town, with the Court stating that it “must indulge all rational presumptions in favor of the validity of the HAC's determinations, including its choice between two fairly conflicting views.”
The Town will be reviewing the Court’s decision and assessing potential next steps, including a possible appeal.