Magane v. Concannon

Wexler, James H., J.

The plaintiffs, Michael Magane and Sean Magane (the “Maganes”), brought this action pursuant to G.L.c. 40A, §17 seeking judicial review and annulment of the August 13, 2003 decision of the Board of Zoning Appeals for the City of Fitchburg (the “ZBA”). The decision denied the Maganes’ variance and use variance application requesting permission to use an adjacent lot bordering the Maganes’ paving and excavating business for the open-air storage of equipment. The ZBA denied the application citing the construction-type nature of the business and its negative impacts to the…