Martin v. Board of Appeals

Eighteen years later, in the summer of 1983, Marasco demolished the old garage as a step towards replacing it in much the same location, but without encroaching upon the way he and the Martins had created. He was advised he needed approval of the board of appeals. The board granted Marasco a special permit and variance. A judge of the Superior Court, after hearing an appeal under G. L. c. 40A, § 17, found that the board had acted within its authority and that no modification of its decision was required.

Under zoning regulations applicable when the action was brought, no structure might be…