Tanner v. Board of Appeals

On the critical issue of when the board of appeals had filed its decision with the town clerk, the pleadings were in conflict and it was error to allow the motion of the plaintiffs for judgment on the pleadings.

Ronald B. Tanner and Dorothy Tanner, the plaintiffs, applied for a special permit to operate a family day care home (the term is defined in G. L. c. 28A, § 9) in their residence at 198 Washington Street, Belmont. Under § 3.3 of the zoning by-law of Belmont, a special permit was required for a family day care home. Compare G. L. c. 40A, § 3, as amended by St. 1987, c. 191, which…