Board of Aldermen v. Maniace

A Land Court judge sitting by designation in the Superior Court concluded that the defendants’ application for a special permit and site plan approval had been granted constructively and allowed their motion for summary judgment.2 The ensuing appeal by the board of aldermen of Newton *830(board)3 brings before us the same question as was before the trial court judge, that is: “[W]hether the timely filing of a document which sets forth the action of the [board], including the votes of each member, but giving reasons extraneous to the result of the vote, indeed, even reasons which would apply to a…