Legal Opinion

Muldoon v. Planning Board

Massachusetts Appeals Court

Decided August 15, 2008No. 07-P-1033PublishedCited by 2 opinions

1Opinion of the CourtGrasso, J.

The Marblehead zoning by-laws (by-laws) require site plan review by the planning board (board) of certain construction in the town’s shoreline districts. As part of its site plan review of Susan Muldoon’s proposed reconstruction of her single family home, the board conditioned approval of Muldoon’s plan on her (1) using wood clapboard or shingle, rather than brick, on the building exterior (the siding condition) and (2) positioning the house thirty feet from the southwestern boundary of the property rather than the 8.3 feet proposed and *373otherwise permitted under the eight-foot minimum setback…

2Cases cited5 opinions

  1. Britton v. Zoning Board of AppealsMassachusetts Appeals Court · 2003
  2. SCIT, Inc. v. Planning Board of BraintreeMassachusetts Appeals Court · 1984
  3. Prudential Insurance Co. of America v. Board of Appeals of WestwoodMassachusetts Appeals Court · 1986
  4. Osberg v. Planning Board of SturbridgeMassachusetts Appeals Court · 1997
  5. Castle Hill Apartments Ltd. Partnership v. Planning BoardMassachusetts Appeals Court · 2006

3Cited by2 opinions

  1. Epstein v. HyteMassachusetts Land Court · 2021
  2. Morse v. LeveyMassachusetts Land Court · 2021

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