Uglietta v. City Clerk of Somerville

The central issue in this case is whether the plaintiff’s failure to comply - with the notice provisions of G. L. c. 40A, § 9, within fourteen days of the constructive grant to the trust of a special permit deprived it of the benefits of that grant. The essential facts are uncontroverted. On January 6, 1988, the defendant board of appeals 3 (board) conducted a public hearing on the plaintiff’s application for a special permit to construct 110 dwelling units on property owned by the trust in the city of Somerville. The board has never rendered or filed a decision with respect to that…