Board of Aldermen v. Maniace

The board of aldermen of Newton (board)2 denied the defendants’ application for a special permit and site plan approval to construct a supermarket on Needham Street in New*727ton. The defendants timely filed with the city clerk a notice claiming a constructive grant of their application and site plan approval.3 The board appealed, pursuant to G. L. c. 40A, § 17, from the notice of constructive grant. A judge in the Land Court, sitting by designation in the Superior Court, relied on Shea v. Aldermen of Chicopee, 13 Mass. App. Ct. 1046 (1982), to conclude that the defendants’ application had been…