Lussier v. Zoning Board of Appeals of Peabody

The zoning board of appeals of Peabody (board) granted a variance that permitted a homeowner to construct “an addition (22' x 22' attached garage)” with a sideyard setback of one foot, instead of the required twenty feet. Several years later, the homeowner sought and obtained a building permit to construct a second story on the garage that exceeded its “22' x 22' ” footprint and was to be used as living space. After the second-story addition was built, the board ruled that a new or modified variance was required. That ruling was reversed by a Superior Court judge, who entered summary judgment…