Guimond v. Russell

BACKGROUND

This is an appeal by the plaintiff, the Planning Board of the Town of Marshfield (Planning Board), from the grant of a variance by the defendant the Marshfield Zoning Board of Appeals (“ZBA”), to the defendant Steven D’Amelio (“D’Amelio”). D’Amelio applied for and received a variance from the definition of street as contained in the Marshfield Zoning By-law. D’Amelio needed a variance to build a house on the property because the frontage of the property is located on a private way as opposed to a public way as required by the By-laws. The ZBA unanimously granted the variance,…