Planning Board v. Board of Appeals

This is an appeal by the planning board from the affirmance by a Superior Court judge of the grant of a variance by the board of appeals from setback requirements of the zoning by-law of the town of Watertown. We conclude that the “substantial hardship” found by the board of appeals and by the judge is not the kind which supports a variance within the meaning of G. L. c. 40A, § 15, cl. 3, as then in effect. Neither the judge’s findings as to the inhibiting effect of the requirement on “the most appropriate use of the land” (but see Bruzzese v. Board of Appeals of Hingham, 343 Mass. 421, 424…