The goals of affordable housing can be satisfied by conditional approvals; since a conditional approval can protect against the risk of harm to the public interests, it was proper for the trial court to order commission to grant plaintiff's amended application on condition that plaintiff obtain approval from the water pollution authority, even if there was no evidence that the other agency would act favorably. 124 CA 379. Court has power to correct application defects arising from noncompliance with statutory requirements, and is not limited to defects re municipal regulations. 125 CA 665. In reviewing affordable housing appeal, court must determine whether the record establishes that there is more than a mere theoretical possibility, but not necessarily a likelihood, of a specific harm to the public interest if the application is granted; reasons cited by zoning commission for denial of affordable housing application not supported by sufficient evidence of a quantifiable probability that a specific harm would result if application were granted. 130 CA 36. Establishment of town-wide standards for road construction is matter of public health and safety that commission may properly consider, but any deviation from those standards does not constitute “per se” ground for denial of affordable housing application; court authorized under Subsec. to remand matter to commission with direction to grant modified application “as is”. 162 CA 678; judgment affirmed, see 326 C. 55.
(Return to Chapter
Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)