Fitch v. Board of Appeals of Concord

Stona Fitch and Thomas Cote filed an appeal under G. L. c. 40A, § 17, in the Land Court, from a decision of the Board of Appeals of Concord (board) that had validated a build*749ing permit for the construction of a single-family house on land adjoining theirs. A judge of the Land Court dismissed their action on the ground that it was not ripe. We reverse.

1. Facts. The judge decided the case on a motion for summary judgment. These are the material and undisputed facts. Bessie Adele Cavanagh owns a vacant parcel of land at 188 Central Street, Concord (locus), that contains 10,513 square feet and…