Two Proposals to Make Zoning And Urban Renewal Work Together for a New Boston

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(d) . . establish exceptions to existing ordinances and by-laws regulating the design, construction and use of buildings; ( j ) . . do any and all other things authorized by law and necessary or convenient to aid the planning, construction or operation of a housing project within its limits." 26EE.
The latter is the section quoted by Wilkins, C.J. in Russell vs. Brookline Housing Authority, 209 KE2 337 (1965), decided in June 1965 by the Supreme Judicial Court.
The Supreme Court in the Bookline
... case declared illegal the practice, still common in Boston, of using the Board of Appeal hardship variance power as a means to reconcile urban renewal and zoning, where the local body having zoning code amending power has not expressly delegated to the Board of Appeal power over urban renewal matters.
- 10 But the Supreme Court in the Bookline case clearly stated that a zoning code in Massachusetts could be amended to further urban renewal objectives. Such an amendment might be the creation of urban renewal districts.


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