We draw our summary of the facts from the administrative record, deferring to the department's findings and reserving certain facts for later discussion. See McGovern v. State Ethics Comm'n, 96 Mass. App. Ct. 221, 222 (2019) ; Zoning Bd. of Appeals of Canton v. Housing Appeals Comm., 76 Mass. App. Ct. 467, 473 (2010). Pokwa's participation in the department's EA program began in July 2015.
There exists a rebuttable presumption that the regional affordable housing need outweighs local concerns where the town's stock of low and moderate income housing is less than ten percent. Zoning Bd. of Appeals of Canton v. Housing Appeals Comm., 76 Mass.App.Ct. 467, 469–470, 923 N.E.2d 114 (2010). Here, it is undisputed that the town's stock of low or moderate income housing is less than ten percent.
Doe asserts insufficiency of the evidence, claiming that the hearing examiner's decision is 'contrary to common sense' and 'lacks a basis of reasonable expectations.' Doe, 'as the appealing party, has the 'heavy' burden of showing that the agency decision . . . is not supported by substantial evidence.' Zoning Bd. of Appeals of Canton v. Housing Appeals Comm., 76 Mass. App. Ct. 467, 472 (2010), quoting from DSCI Corp. v. Department of Telecomm. & Energy, 449 Mass. 597, 603 (2007). 'Substantial evidence is 'such evidence as a reasonable mind might accept as adequate to support a conclusion." Doe, Sex Offender Registry Bd. No. 10216 v. Sex Offender Registry Bd., 447 Mass. 779, 787 (2006), quoting from G. L. c. 30A, § 1(6). 'This standard is highly deferential to an agency . . . .' Ten Local Citizen Group v. New England Wind, LLC, 457 Mass. 222, 228 (2010).
June 18, 2010. Reported below: 76 Mass. App. Ct. 467 (2010). Further appellate review granted:
"An agency decision will be upheld 'unless it is based on an error of law, unsupported by substantial evidence, unwarranted by facts found on the record as submitted, arbitrary and capricious, an abuse of discretion, or otherwise not in accordance with law.'" Zoning Bd. of Appeals of Canton v. Housing Appeals Comm., 76 Mass.App.Ct. 467, 473 (2010), quoting DSCI Corp. v. Department of Telecomm. & Energy, 449 Mass. 597, 603 (2007). See G. L. c. 30A, § 14 (7).
On appeal, however, the plaintiff "has the 'heavy' burden of showing that the agency decision . . . is not supported by substantial evidence." Zoning Bd. of Appeals of Canton v. Housing Appeals Comm., 76 Mass. App. Ct. 467, 472-473 (2010), quoting from DSCI Corp. v. Department of Telecommunication & Energy, 449 Mass. 597, 603 (2007). "Substantial evidence is 'such evidence as a reasonable mind might accept as adequate to support a conclusion.'" Doe, Sex Offender Registry Bd. No. 10216 v. Sex Offender Registry Bd., 447 Mass. 779, 787 (2006) (Doe, No. 10216), quoting from G. L. c. 30A, § 1 (6). "This standard is highly deferential to an agency . . . .