Britton v. Zoning Board of Appeals

Concern about precedent and aesthetics led the Gloucester zoning board of appeals (board) to deny the plaintiffs’ application under G. L. c. 40A, § 6, for a special permit to build an addition to their nonconforming single-family house on their nonconforming lot. The plaintiffs appealed to Superior Court where, after trial, judgment entered annulling the board’s decision and granting their application. The board, joined by an intervener, appeals. We reverse.

*69Many facts found by the judge after trial were congruent with those recited in the board’s opinion. The plaintiffs own a single-family…