Racette v. Zoning Board of Appeals of Gardner

On the plaintiffs’ motion for summary judgment, a judge of the Superior Court entered a judgment annulling the decision of the zoning board of appeals of Gardner (board) which denied the plaintiffs’ petition for variances. The judge determined that the petition had been constructively granted under the provisions of G. L. c. 40A, § 15, as appearing in St. 1975, c. 808, § 3. The issue is whether, under a procedure adopted by the board, the filing of the petition with the building inspector of the city effectively constituted a filing with the city clerk, as required by § 15, so as to start the…