Legal Opinion

McCabe v. Zoning Board of Appeals

Massachusetts Appeals Court

Decided December 10, 1980PublishedCited by 5 opinions

1Opinion of the Court

1. The trial judge correctly ruled that the defendant board of appeals did not comply with G. L. c. 40A, § 10, as most recently amended by St. 1977, c. 829, § 4B, because it failed to make a specific finding concerning the locus that “owing to circumstances relating to the soil conditions, shape or topography of such land . . . and especially affecting such land. , . but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of the ordinance or by-law would involve substantial hardship . . . to the petitioner or appellant.” The board made…

2Cases cited3 opinions

  1. Barnhart v. Board of Appeals of ScituateMassachusetts Supreme Judicial Court · 1962
  2. Spaulding v. Board of Appeals of LeicesterMassachusetts Supreme Judicial Court · 1956
  3. Devine v. Town of SaugusMassachusetts Appeals Court · 1977

3Cited by5 opinions

  1. Shafer v. Zoning Board of AppealsMassachusetts Appeals Court · 1987
  2. Cuozzo v. KrumsiekMassachusetts Land Court · 2021
  3. Gionet v. Zoning Bd. of Appeals of CharltonMassachusetts Appeals Court · 2017
  4. Laird v. ConsigliMassachusetts Superior Court · 2006
  5. Van Buren v. South Boston New Housing, LLCMassachusetts Superior Court · 2005

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API