Appeal of Chichester Commons, LLC

Summary

The Supreme Court affirmed the Housing Appeals Board’s decision upholding the Town of Chichester’s denial of a density waiver for the petitioner’s 24‑unit elderly housing project. The Court held that the 2015 waiver did not apply to the current proposal, that stare decisis did not compel a new waiver, and that the subsequent‑application doctrine did not require the board to grant the waiver. The decision rested on a plain‑language reading of the zoning ordinance and established that each waiver request must be evaluated on its own merits.