Legal Opinion
Heavey v. Board of Appeals
Massachusetts Appeals Court
Decided June 27, 2003No. 02-P-993PublishedCited by 4 opinions
1Opinion of the CourtMills, J.
In this zoning appeal, G. L. c. 40A, § 17, we affirm a Superior Court judge’s determination that two parcels of land in Chatham, separated by a body of water from certain marshland, although in common ownership, are not adjoining so as to defeat the small lot exemption in G. L. c. 40A, § 6, fourth par.,3 from local zoning requirements.
1. Background. Plaintiff Jack Heavey owns six lots on Nantucket Drive in Chatham, and a large amount of marshland that is bisected by a body of water. The appended sketch plan shows lots 94, 95, 97, 98, 99, 100, and the marshland, designated as marsh A and marsh…
2Cases cited15 opinions
- Starr v. FordhamMassachusetts Supreme Judicial Court · 1995
- First Pennsylvania Mortgage Trust v. Dorchester Savings BankMassachusetts Supreme Judicial Court · 1985
- Buster v. George W. Moore, Inc.Massachusetts Supreme Judicial Court · 2003
- Pendergast v. Board of AppealsMassachusetts Supreme Judicial Court · 1954
- Judge Rotenberg Educational Center, Inc. v. Commissioner of Department of Mental RetardationMassachusetts Supreme Judicial Court · 1997
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3Cited by4 opinions
- Choate v. Zoning Board of AppealsMassachusetts Appeals Court · 2006
- Giuliano v. VaccaMassachusetts District Court, Appellate Division · 2004
- Discover Realty Corp. v. DavidMassachusetts District Court, Appellate Division · 2003
- Burdo v. Zoning Bd. of Appeals of ChelmsfordMassachusetts Appeals Court · 2018