Legal Opinion

Gordon v. Zoning Board of Appeals of Lee

Massachusetts Appeals Court

Decided June 12, 1986PublishedCited by 18 opinions

1Opinion of the Court

*344Perretta, J.

After the defendant board granted a variance so that a house and garage could be built on a parcel of land lacking the frontage required by the zoning by-law, the plaintiff abutter appealed to the Superior Court pursuant to G. L. c. 40A, § 17.2 The judge heard the matter, de novo, and made findings in support of his conclusion that the prerequisites to the granting of a variance, as set out in G. L. c. 40A, § 10, had been met. However, because he also concluded that the board’s decision was too conclusory but nonetheless remediable,3 he annulled that decision and remanded the…

2Cases cited14 opinions

  1. Josephs v. Board of Appeals of BrooklineMassachusetts Supreme Judicial Court · 1972
  2. Marotta v. Board of Appeals of RevereMassachusetts Supreme Judicial Court · 1957
  3. Warren v. Zoning Board of Appeals of AmherstMassachusetts Supreme Judicial Court · 1981
  4. Rafferty v. Sancta Maria HospitalMassachusetts Appeals Court · 1977
  5. Dion v. Board of Appeals of WalthamMassachusetts Supreme Judicial Court · 1962

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3Cited by18 opinions

  1. Watros v. Greater Lynn Mental Health & Retardation Ass'nMassachusetts Supreme Judicial Court · 1995
  2. DiCicco v. BerwickMassachusetts Appeals Court · 1989
  3. PLANNING BOARD OF NORWELL v. SerenaMassachusetts Appeals Court · 1989
  4. Shafer v. Zoning Board of AppealsMassachusetts Appeals Court · 1987
  5. McGee v. Board of AppealMassachusetts Appeals Court · 2004

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