Asack v. Board of Appeals

When in 1988, the plaintiffs purchased property in Westwood, described in their deed as lots 7 and 8 on a recorded plan, they were unaware that in 1970, prior to the passage of the 1975 revision of G. L. c. 40A, including a new § 10,2 a variance had been issued for lot 7. The 1975 revision required a variance to be exercised within a year of its grant.

Discovering the existence of the variance during a refinancing of the property and relying thereon, the plaintiffs in 1994 sought a building permit. The permit was denied, the denial was *734upheld by the Westwood board of appeals (board) and, in…