Capone v. Zoning Board of Appeals of Fitchburg

These two appeals raise related questions concerning the construction of two sections of G. L. c. 40A, The Zoning Act. The first case (Capone) is here on appeal from a decision of the Appellate Division of the District Courts which was rendered prior to our decision in Walker v. Board of Appeals of Harwich, 388 Mass. 42 (1983). 5 The second case (Syriopoulos) which is an appeal from a decision of the Superior Court is here on our allowance of an application for direct appellate review. The Capone case requires us to construe those provisions of G. L. c. 40A, § 15, which attempt to define the…