Cardwell v. Board of Appeals of Woburn

At issue in the present case is whether G. L. c. 40B, § 21, entitles an applicant to constructive grant of a comprehensive permit when a zoning board of appeals votes to approve the permit, with conditions, within the forty-day time period prescribed by that section, but does not record its vote in a written decision until after the forty days have elapsed. We conclude that the board’s vote satisfies the statutory mandate to “render a decision” within the forty-day period, and that the plaintiffs accordingly are not entitled to constructive approval of their requested permit without…