Get the free In accordance with 780 CMR 122 - mass

In accordance with 780 CMR 122.3, Appellant has requested that the Board review Appealed×39’s decision to deny the Appellant's application for a permit to build ...

B. STANDARD OF REVIEW (1) Standard In reviewing a decision by the Board, an appeal must be denied where: the Board erred; or The Board's decision was arbitrary and capricious with respect to a matter within its jurisdiction under section 16 of the Act. ’ 39 (2) Standard In reviewing a decision not to grant an application for a permit to build ... (a) the Board must determine the legal questions that arise out of the decision; (b) the Board is not obliged to state a legal opinion or to reach one; and (c) it may express its view in the factual context in which the Board came to its decision, or it may refer to the decision of the Appeal Board. C. STANDARD FOR CERTIFICATION (1) Standard To establish that a building is compatible with the surrounding area, as determined by the Board under subsection (3), the appellant must prove the existence of: (a) the general character of the neighborhood; and (b) one of the following factors as set out in subsection (2): (i) existing infrastructure, (ii) new infrastructure, or (iii) a combination of these factors. ’ 40 (2) Character The character of the neighborhood consists of the physical characteristics that affect the physical and social conditions in the neighborhood, the availability of facilities in the neighborhood or the proximity of the existing infrastructure to the neighborhood. The factors set out in subsection (2) are: (a) the area of neighborhood; (b) the nature of its amenities; (c) infrastructure; (d) proximity to existing infrastructure; (e) proximity to existing facilities; (f) nature of the community that is served by the neighborhood; (g) accessibility to and the availability of services in the neighborhood within a reasonable range of accessible facilities; (h) availability of affordable or suitable housing; (i) accessibility to and the availability of transportation; (j) accessibility to and the availability of adequate medical and other services; (k) the nature of the commercial services, such as retail, that are provided in the neighborhood; and (l) amenities.

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