Massachusetts Land Court Ruling Results in Green Light for Hyde Park Residential Project

In a case that will resonate with many developers, MQMF Hyde Park LLC secured court-ordered approval for a 204-unit apartment complex at 990 American Legion Highway in Boston’s Hyde Park neighborhood following years of resistance by the Boston Planning and Development Agency (BPDA). The land, owned by Jubilee Christian Church International, sits in a zoning district that permits multi-family housing “as of right.” 

Nevertheless, the Boston Planning and Development Agency (BPDA) twice denied approval of the project, citing impact concerns and requesting a full redesign of the project. Following more than a year of unsuccessful negotiations with the BPDA, the developer sought relief from the Land Court, asking for a declaration that the BPDA must approve the project even though Article 80 of Boston’s Zoning Code states that the BPDA can “disapprove” a project unless/until it incorporates the BPDA’s requested changes. 

The Land Court agreed with the developer and ruled that the BPDA cannot reject a zoning-compliant project or require design changes that would force the developer to seek zoning relief. The Court explained that BPDA’s role under Article 80 is instead akin to site plan review - meaning that the BPDA may deny approval of a zoning-compliant project only if it presents an unsolvable problem that no form of reasonable conditions can address. Accordingly, the Court ordered the BPDA to complete its Article 80 review and issue approval of the project in an expeditious manner.

Acting on the Land Court’s directive, the BPDA Board approved the project on September 18, 2025, noting that the BPDA’s “hands are tied” due to the Court’s order even as its significant concerns about the project remained. 

Key Takeaways:

• The ruling prohibits the BPDA from denying its approval of zoning-compliant projects or requiring a redesign of the project that would require zoning relief.
• The ruling restricts the BPDA’s role for zoning-complaint projects to imposing reasonable terms and conditions on the project based on the standards set forth in Article 80.
• The decision provides developers with a clear legal basis to challenge municipal actions that block or delay “as of right” projects undergoing site plan review.
• The decision confirms that developers of zoning-compliant projects are entitled to a streamlined review process that adheres to the standards in the zoning code.

In sum, this case provides a roadmap for developers in future permitting disputes and underscores the important limits on municipal authority with respect to zoning-compliant projects.

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