Zoning Bd. of Appeals of Sunderland v. Sugarbush Meadow, LLC

An LLC filed an application for a comprehensive permit with the zoning board of appeals to build five three-story buildings with 150 rental apartments. The board denied the application. On appeal, the Housing Appeals Committee (HAC) vacated the board’s decision and directed the board to issue a comprehensive permit. The superior court affirmed. The Supreme Court affirmed, holding (1) the HAC did not err in calculating the regional need for low and moderate income housing; (2) substantial evidence supported the HAC’s determination that the fire safety concern outweighed the regional need for low and moderate income housing; (3) the HAC did not err in concluding that the town need not acquire a ladder fire truck if the project were built and that other claims of adverse fiscal impact arising from the project may not be considered in evaluating whether the denial of project approval is consistent with local needs; (4) substantial evidence supported the HAC’s determination that the development would not adequately protect wetlands; and (5) the HAC did not err in ordering the board to refund the fee it assessed the LLC to pay for the service’s of the board’s legal counsel.

Zoning Bd. of Appeals of Sunderland v. Sugarbush Meadow, LLC