Mantoni v. Board of Appeals

Porada, J..

Pursuant to G. L. c. 40A, § 17, and G. L. c. 240, § 14A, the plaintiffs filed a complaint in the Land Court appealing the denial by the board of appeals of Harwich (board) of a variance from the provisions of the Harwich zoning by-law (by-law), which prohibited the erection of a retaining wall within the ten-foot yard setback. They also sought a declaration that those provisions of the by-law which included a retaining wall within the definition of “structure,” § II, and prohibited construction of such a wall within the ten foot setback, § VI (D)(7), were invalid as enforced…