Cappellucci v. Ives

In these consolidated appeals2 under G.L.c. 40A, plaintiffs allege that two decisions of defendant Wayland Planning Board (“Board”) improperly amend a 1992 conservation cluster special permit by allowing defendant B.T. Realty Trust (“Trust”) to construct a single family home in a location on the subject lot which is different from that originally approved, and which is unacceptably close to plaintiffs’ house on an abutting lot.

Case No. 99-5187 challenges a decision of the Board dated October 5, 1999 (“the October 1999 Decision”). Case No. 00-1076 challenges a decision of the Board dated…