Gionet v. Zoning Bd. of Appeals of Charlton

The plaintiff, Gayle Gionet, filed an action, pursuant to G. L. c. 40A, § 17, to annul the decision of the zoning board of appeals (board) for the town of Charlton (town), which granted variances to Joseph and Molly Lloyd for a retaining wall and a catwalk on their property (parcel). On cross motions for summary judgment, the motion judge allowed the Lloyds' motion and denied the plaintiff's motion. On appeal, the plaintiff argues that the motion judge erred because the board's decision is invalid on its face. We reverse.

1. Background. Following construction of the Lloyds' home on the parcel,…