Cameron v. Divirgilio

The plaintiffs appeal from a District Court decision upholding the grant by the defendant zoning board of appeals of Amherst of a special permit for a supplemental apartment to the defendant Bruce DiVirgilio, the plaintiffs’ neighbor. On appeal, the plaintiffs make two claims: (1) the permit is invalid both because a zoning board member resigned before the board’s decision was filed with the town clerk and because an administrative assistant signed as proxy that member’s signature on the board’s decision; and (2) the permit violates the town’s by-laws.3 We affirm.

Facts. On September 26, 1999,…