Board of Aldermen v. Maniace

(dissenting, with whom Lynch and Fried, JJ., join). I agree with both courts below, which concluded that the decision filed here did not constitute a final action. I would uphold a constructive grant for the applicants because a decision, although timely filed, is not a “final action” for the purposes of G. L. c. 40A, § 9, unless the special permit granting authority (SPGA) provides supporting reasons.

The clear statutory language directs a SPGA to provide reasons for its decision. “The [SPGA] shall cause to be made a detailed record of its proceedings, indicating the vote of each member upon…