Gallagher v. Board of Appeals

Gerald B. Gallagher applied to the building commissioner of Acton for a permit to erect a structure containing four dwelling units (each consisting of a living room, a bedroom, and a bathroom) onto an existing single-family residence. Plans for the new addition also showed a kitchen and laundry to be used in common by the inhabitants of the four dwelling units. A judge of the Superior Court correctly ruled that the proposal was not an accessory use, and that the board of appeals of Acton had acted within its authority when, for that reason, it had affirmed the building commissioner’s refusal…