Goldlust v. Board of Appeals

Goldlust’s claim to the issuance of building permits as matter of right for two industrial buildings he proposes to build on land in North Andover (the “locus”) turns on whether the required rear yard setback shall be measured from his rear lot line or a zoning line which transects his property. Compare Tambone v. Board of Appeal of Stoneham, 348 Mass. 359 (1965), and Tofias v. Butler, 26 Mass. App. Ct. 89, 92-96 (1988). We conclude that, under the particular language of the North Andover by-law, the zoning boundary is the line that governs. Accordingly, we reverse so much of the judgment as…