Legal Opinion

DAVID A. DECKELBAUM, Trustee v. ZONING BOARD OF APPEALS OF PROVINCETOWN & Others

Massachusetts Appeals Court

Decided October 28, 2024No. 23-P-443Published

1Opinion of the Court

APPEALS COURT

DAVID A. DECKELBAUM, trustee,[1] vs. ZONING BOARD OF APPEALS OF PROVINCETOWN & others [2]

Docket:

23-P-443

Dates:

March 13, 2024 - October 28, 2024

Present:

Massing, Singh, & Grant, JJ.

County:

Suffolk

Keywords:

Zoning, Variance, Nonconforming use or structure, By-law. Estoppel

Civil action commenced in the Land Court Department on October 4, 2018.

The case was heard by Michael D. Vhay, J.

Alan E. Lipkind (Gregory S. Paonessa also present) for the plaintiff.

Anthony T. Panebianco for Siobhan Carew & another.

GRANT, J. This action concerns the reconstruction of a deck (original deck) that…

2Cases cited11 opinions

  1. Shirley Wayside Ltd. Partnership v. Board of Appeals of ShirleyMassachusetts Supreme Judicial Court · 2012
  2. Wendy's Old Fashioned Hamburgers of New York, Inc. v. Board of AppealMassachusetts Supreme Judicial Court · 2009
  3. Harrington v. Fall River Housing AuthorityMassachusetts Appeals Court · 1989
  4. Kirkwood v. Board of Appeals of RockportMassachusetts Appeals Court · 1984
  5. Renovator's Supply, Inc. v. Sovereign BankMassachusetts Appeals Court · 2008

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