Cornell v. Board of Appeals

In this case, we consider what constitutes an exercise of a variance pursuant to G. L. c. 40A, § 10. Under the facts and circumstances presented, we conclude that no such exercise has occurred and thus affirm the judgment entered in the Land Court.

Background. On March 7, 2002, the defendant board of appeals of Dracut (town) granted the plaintiff, Paul Cornell, a variance to subdivide his fourteen-acre parcel into two lots. More than one year later, in June, 2003, Cornell applied for a building permit, which was denied by the town building inspector on the ground that the variance had expired.

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