Nexum Development Corp. v. Planning Board of Framingham
Massachusetts Appeals Court
79 Mass. App. Ct. 117, 943 N.E.2d 965 (2011)
- Written by Salina Kennedy, JD
Facts
Nexum Development Corporation (Nexum) wanted to build a residential cluster development on a 32-acre tract of land in Framingham, Massachusetts. The development would have contained a cluster of 24 condominiums, with the remainder of the property reserved for open space managed by a conservation organization. Because the tract did not have municipal water or sewer connections, Nexum planned to construct a common well and a common septic system for the development. Nexum conducted a single soils test for the development’s septic system. Nexum was required to submit two parallel applications for the development. The first application was for a special permit for a cluster development. The second application was for approval of Nexum’s subdivision plan. Nexum was required to meet several requirements in order to build the cluster development. The Framingham bylaws provided that a cluster development could have only as many units as would be permitted if it were a conventional subdivision. The bylaws also required Nexum to establish that the density of the development was within permissible limits by conducting a soils test on each proposed lot to determine whether the lot was buildable. Further, the Framingham Board of Health (BOH) conditioned approval of the special permit for the development on Nexum’s ability to show that (1) the development’s water supply would be sufficient during peak summer months and (2) the water supply would not have a significant effect on the wells of adjoining landowners. The Planning Board of Framingham (the board) denied both applications. Nexum appealed the board’s decisions to the trial court, which found for the board. The trial court reasoned that (1) Nexum had failed to establish the permissible density of the development because it had not conducted a soils test on each proposed lot, and (2) some of the BOH’s water-supply conditions were impossible for Nexum to comply with, and thus its applications could not be approved. Nexum appealed to the Massachusetts Appeals Court.
Rule of Law
Issue
Holding and Reasoning (Mills, J.)
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