Hunters Brook Realty Corp. v. Zoning Board of Appeals

The last paragraph of G. L. c. 40A, § 10, as amended by St. 1977, c. 829, § 4B, provides that “[i]f the rights authorized by a variance are not exercised within one year of the date of grant of such variance they shall lapse, and may be reestablished only after notice and a new hearing pursuant to this section.” The issue in this case is whether the holder of a variance which has lapsed must show anew that he is entitled to the variance in order to reestablish it. We conclude that he must, i.e., that the reestablishment of a lapsed variance requires a new showing which satisfies the criteria…