Annual Report Pursuant to St. 2024, c. 150, § 15 (Affordable Homes Act)
November 1, 2024
To: Governor Maura T. Healey
Members of the Joint Committee on Housing
From: Edward M. Augustus, Secretary of the Executive Office of Housing and Livable
Communities
Cc: Nikko Mendoza, Chief of Staff
Eric Shupin, Chief of Policy
Christopher Jee, Acting General Counsel
Shelagh A. Ellman-Pearl, Chair, Housing Appeals Committee
Date: November 1, 2024
Re: Report pursuant to G.L. C. 40B, § 22 as amended by St. 2024, c. 150, § 15
Chapter 150 of the Acts of 2024 (Affordable Homes Act), amends the comprehensive permit statute
(G.L. c. 40B, §§ 20-23) to require:
The Secretary of the Executive office of Housing and Livable Communities (EOHLC) to
annually report to the Governor and Joint Committee on Housing a summary of delays
for appeals pending with the Housing Appeals Committee (Committee). The Secretary’s
first annual report is due by November 1, 2024.
Specifically, section 15 of the Affordable Homes Act, amends G.L. c. 40B, § 22, by inserting the
following:
…the committee shall provide notice to the secretary of any such extension or other
failure to perform action by the deadlines set forth in this section and the reason for such
delay; provided further, that the secretary shall annually, not later than November 1,
submit to the governor and the joint committee on housing a summary of such delays
including, but not limited to: (i) any deadlines missed pursuant to this section for each
applicable appeal; (ii) the reason for any such delay; (iii) the total number of days, from
the date of the committee’s receipt of the applicant’s statement of the prior proceedings,
in which the committee ultimately issued a written decision or, if such appeal is in
progress at the time the report is submitted, the projected number of days beyond the
deadlines listed herein as may be necessary for the committee to issue a decision; and (iv)
the board that issued the denial or conditions and requirements being appealed by the
applicant.
As the Affordable Homes Act became law on August 6, 2024, this report provides information
pertaining to those cases for which extensions were granted or statutory deadlines were missed after that
date.
Reporting Requirements:
The applicable “extension[s]s or other failure[s] to perform action by the deadlines [in G.L. c. 40B,
§ 22]” are the following:1
1. Notice: The Committee has 10 days from the date an appeal is filed to notify the zoning board of
the appeal.
2. Hearing: The Committee has 20 days from the date an appeal is filed to commence the hearing.
3. Decision: The Committee has 30 days from the termination of the hearing to issue a final written
decision, unless extended by mutual agreement between the Committee and the applicant.
In practice, the 10-day notice to the ZBA deadline is always met; the Committee ensures timely notice to
the ZBA so that it may meet the 20-day hearing deadline by scheduling an initial conference of counsel
within 20 days of the appeal. 760 CMR 56.06(7)(d)1. The hearing is always scheduled to commence
with the initial conference the presiding officer holds with the parties’ counsel within the 20 days
following the date of an appeal; the Committee postpones this conference only if requested by a party to
do so for good cause.
The hearing terminates when all transcripts have been approved by the parties and all briefs and
memoranda requested by the presiding officer have been filed. 760 CMR 56.06(7)(e)9. The 30-day
decision deadline runs from this date. Virtually all Committee decisions after the termination of a
hearing require more time to prepare and issue than the 30-day decision deadline allows because of the
factual and legal complexity of the cases.
1
An additional provision in G.L. c. 40B, § 22 requires that a developer file an appeal with the Housing Appeals
Committee no later than 20 days from the date of the municipal ZBA’s decision on a comprehensive permit
application. This jurisdictional requirement falls on developers for compliance. It cannot be waived or extended.
The Committee would not learn if a developer chose not to file an appeal within the 20 days. If a developer
misses this deadline, Committee case law provides that a zoning board’s motion to dismiss would be granted.
2
 Cases Reported August 6, 2024 – November 1, 2024
Case Name & Docket Applicable Reason(s) for Days from Days from
No. Statutory Delay/Extension Hearing Appeal to
Deadline(s) Termination Decision2
to Decision
SLV School Street, LLC Decision Substantial case 202 808
v. Manchester-By-The- due: record; numerous
Sea ZBA, HAC. No. 6/12/24 legal issues; must
2022-14 3 follow statutory
Decision process for
anticipated proposed decision4
12/1/24
518 South Ave., LLC v. Decision Lengthy, 8-day 213 or more 883
Weston ZBA, HAC No. due: evidentiary
2022-12 5 9/14/24 hearing; numerous
legal issues; post-
Decision hearing motions;
anticipated: must follow
1/15/25 or statutory process
later6 for proposed
decision; pending
motion to reopen
hearing
2
For appeals in progress at the time the annual report is submitted, the Committee provides the projected number
of days beyond the deadlines as may be necessary for it to issue a decision. St. 2024, c. 150, § 15.
3
Appeal filed on September 15, 2022. Hearing terminated on May 13, 2024.
4
Pursuant to G.L. c. 30A, §11(7), the Committee is required to issue a proposed decision if one is requested by a
party.
5
Appeal filed on August 16, 2022. Hearing terminated on August 15, 2024. Motion to reopen hearing filed
September 16, 2024. The ZBA filed a “safe harbor” interlocutory appeal for this project on October 25, 2019 (No.
2019-12). That appeal was denied and remanded to the ZBA on March 15, 2021, to resume the hearing on the
comprehensive permit application.
6
Timing of decision is dependent upon whether motion to reopen hearing is granted.
3