Fogelman v. Town of Chatham

The plaintiff was denied a permit to build a guest house on a particular location on his lot bordering Ryder’s Cove in Chatham. The building inspector and the board of appeals relied on a provision of the zoning by-law which prohibited building within twenty-five feet of wetland as defined in the by-law. The plaintiff brought an action in the Land Court under G. L. c. 240, § 14A, and c. 185, § l(j 1/2), to determine the scope and validity of the wetland setback provision as applied to his property. The judge ruled that the twenty-five foot setback requirement did not apply to the plaintiff’s…