Tambone v. Board of Appeal of Stoneham

This is an appeal from a decree of the Superior Court annulling a decision of the board of appeal (board) and ordering it to grant the plaintiff’s request for an exception pursuant to the zoning by-law of the town of Stoneham (town).

A zoning boundary line bisects the plaintiff’s lot fifty feet from its easterly boundary so that the westerly part of the lot is in a Residence B district and the easterly part is in a Residence A district. Article I, § 3, 2, of the zoning by-law of the town permits the construction of apartment houses in Residence B districts, but no such construction is…