135 Wells Avenue, LLC v. Housing Appeals CommitteeAnnotate this Case
At issue was the Zoning Board of Appeals’ (ZBA) denial of Plaintiff’s application for a comprehensive permit to develop a mixed-income project. Plaintiff owned parcel of land in an area zoned for limited manufacturing use. The site was subject to a restrictive covenant owned by the city of Newton, and the city owned an abutting parcel with a deed restriction requiring that it be used only for conservation, parkland, or recreational use. Plaintiff sought to amend the deed restriction to allow a residential use at the site and to permit construction in the nonbuild zone. The ZBA denied Plaintiff’s permit application, concluding that it lacked authority to amend the deed restriction, an interest in land held by the city. The Department of Housing and Community Development (HAC) affirmed. Plaintiff sought judicial review. A land court judge granted Defendants’ motions for judgment on the pleadings, concluding that the HAC does not have authority to order the city to relinquish its property interest. The Supreme Judicial Court affirmed, holding (1) the negative easement is a property interest in land, and the ZBA does not have authority modify certain types of property interests in land; and (2) the restrictive covenant is not invalid where the restrictions provide valuable interests to the city.