Federman v. Board of Appeals of Marblehead

Upon review under G. L. c. 40A, § 17, of denial by the board of appeals of Marblehead of a special permit exemption from certain dimensional requirements in the Marblehead zoning by-law, a judge of the Land Court concluded that the board’s decision disclosed error of law on its face and remanded the case to the board for further action. That action by its nature was interlocutory, and the appeal is to be dismissed because not ripe for our review. Much of what the Land Court judge had to say in her decision, however, will bear on the case when it is considered again by the board, and, in hope…