Standerwick v. Zoning Board of Appeals

Avalon at St. Clare, Inc. (Avalon), was issued a comprehensive permit by the zoning board of appeals of An-*338do ver (board) under G. L. c. 40B, §§ 20-23, to construct a multi-unit building on a site in Andover. The plaintiffs, who are abutters,3 appealed the decision of the board to the Superior Court by a complaint under G. L. c. 40A, § 17. On a motion for summary judgment, the court dismissed the complaint on the grounds that the plaintiffs lacked standing. We hold that (1) at least some of the bases asserted by the plaintiffs for standing were legally cognizable, and (2) the plaintiffs’…