Davenport v. Planning Board of Dennis

DeWitt P. Davenport, trustee of the Davenport Realty Trust, appeals from a decision of a Superior Court judge affirming the grant by the planning board of Dennis (board) of a special permit to Dennisport Partners, LLC, to build a municipally sponsored affordable housing development pursuant to § 4.9.2.4 of the Dennis zoning by-law (by-law). At issue is whether, where §§ 4.9.2.2 and 4.9.2.4.2 of the by-law *222specifically grant the board discretion to reduce the minimum lot area requirements as set forth in the by-law’s intensity of use schedule (§ 2.3.2), the board correctly inferred the…