Legal Opinion

Kosla v. Board of Appeals of Holden

Massachusetts Appeals Court

Decided June 5, 2002No. 00-P-341Published

1Opinion of the CourtMills, J.

Kenneth Kosla appeals from decisions of the Superior Court affirming a grant by the board of appeals of Holden (board) to the Appalachian Mountain Club (AMC) of (i) a variance from the paved parking requirement of Holden’s local zoning by-law (by-law), and (ii) a special permit to expand and reconstruct a nonconforming structure that was damaged by fire. Kosla, an abutter, argues that the variance was improperly granted because the evidence at trial did not satisfy the statutory requirements needed to support a variance under G. L. c. 40A, § 10. As to the special permit, Kosla complains that…

2Cases cited3 opinions

  1. Davis v. Zoning Board of ChathamMassachusetts Appeals Court · 2001
  2. Lapenas v. Zoning Board of Appeals of BrocktonMassachusetts Supreme Judicial Court · 1967
  3. Whelan v. Zoning Board of Appeals of NorfolkMassachusetts Supreme Judicial Court · 2000

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