[Massplanners] FW: Zoning and housing units on Church Properties

[Daniel Fortier]

Thanks! So, we can assume a court battle under Chapter 40 Section 3 for
religious entities building zoning exempt housing on Church properties. The
linked paper, below, suggests the Religious Land Uses and Institionalized
Persons Act (RLUIPA) could provide enough of an argument.  Since RLUIPA and
the Dover Amendment dovetail nicely, maybe a case can be made for these
type of projects.

https://www.yalelawjournal.org/feature/churching-nimbys

Maybe we should be promoting the Yes In God's Backyard slogan to get
housing built. The Yale Law Journal article is from February 2024, so
fairly new thinking. It looks like the test is that the Church firmly
believes that providing shelter, whether short-term (homeless shelter) or
longer term (senior housing, affordable housing,  mixed income housing) is
a part of their religious mission, then it would fit the RLUIPA test and
probably Dover Amendment.

Daniel Fortier, AICP Retired Planner

On Wed, Apr 10, 2024, 7:27 AM Hurley, Margaret (AGO) via MassPlanners <
massplanners at masscptc.org> wrote:

> FYI this may help (from an MMLA colleague)
>
>
>
> Best,
>
>
>
> Margaret
>
> *From:* MassPlanners <massplanners-bounces at masscptc.org> *On Behalf Of *Town
> Planner via MassPlanners
> *Sent:* Tuesday, April 9, 2024 10:00 AM
> *To:* massplanners at masscptc.org
> *Subject:* [Massplanners] Zoning and housing units on Church Properties
>
>
>
> CAUTION: This email originated from a sender outside of the Commonwealth
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>
> Good morning All,
>
>
>
> Applauding all who are working on solutions to our housing crisis!
>
>
>
> Do we know (is there case law or local legal opinions) whether housing
> (temporary or permanent) is a Dover protected use if on Church/Synagogue
>  property?   With many religious institutions stepping up to house those in
> need, the question comes up regarding the level of permitting or oversight
> that Zoning allows.   Appreciative of any feedback, experiences etc.
>
>
>
> Best,
>
>
>
> Sue Brown, RLA
>
> Town Planner
>
> West Newbury
>
> townplanner at wnewbury.org
>
> (978) 363-1100 x125
>
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