Select Board Chair Mike Zullas recently gave an update on Milton’s long running and still pending legal battle about the proposed 40B development on Randolph Avenue.

In 2015, the developer, the Holland Companies doing business as HW/HS Randolph Avenue LLC, proposed 90 units of housing at the site just north of the town’s Department of Public Works yard.

In the most recent development, a hearing before Land Court Judge Robert Foster is currently scheduled for Feb. 6.

“We will provide an update as things continue,” Zullas said.

After the Board of Appeals approved the development but reduced the number of units to 35, the Holland Companies appealed the decision to the state Housing Appeals Committee.

About a year ago, the Housing Appeals Committee found in favor of the developer and property owner and ordered the town to allow the full request of 90 units to be built.

Milton then appealed that decision to the Land Court in a case that is still pending.

The remedy sought is for the court to reverse the Housing Appeals Committee’s decision and dismiss the developer’s appeal, sending it back to the Housing Appeals Committee, Zullas said.

During the Select Board’s Dec. 18 meeting, Zullas said Milton’s “basic argument” is that the Housing Appeals Committee lacked jurisdiction to review the Board of Appeals’ decision for various technical and legal reasons.

More on this story can be found in the Milton Times issue of Jan. 9.

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