Lazarek v. Bd. of Appeals of Manchester-By-The-Sea

Following a hearing on cross motions for summary judgment, a judge of the Land Court issued two judgments4 that dismissed the plaintiff's complaints thereby affirming two decisions of the defendant Manchester-by-the-Sea board of appeals (board). The plaintiff, Joseph M. Lazarek in his capacity as trustee of Cliff's Realty Trust (CRT), appeals, claiming that the site at issue lost protected zoning status through abandonment or discontinuance and that the board was not authorized to modify a 2011 special permit because the modifications differed markedly from the initial approved project. The…