Wells v. Zoning Board

Billings, A.J.

This is an abutter’s appeal under G.L.c. 40B, §17 from the refusal of the building inspector of the Town of Billerica, affirmed by an evenly divided Board of Appeals, to halt construction of a home on two adjoining and nonconforming lots. The case was tried jury-waived in two trial days on January 22-23,2003. The issue is whether the Building Inspector properly permitted a “reconstruction” of an earlier structure located on one of the two nonconforming lots. It turns on the application of various provisions of the Billerica Zoning Bylaw to the facts of the case.

For the reasons…