McCabe v. Zoning Board of Appeals
Massachusetts Appeals Court
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
- Barnhart v. Board of Appeals of ScituateMassachusetts Supreme Judicial Court · 1962
- Spaulding v. Board of Appeals of LeicesterMassachusetts Supreme Judicial Court · 1956
- Devine v. Town of SaugusMassachusetts Appeals Court · 1977
3Cited by5 opinions
- Shafer v. Zoning Board of AppealsMassachusetts Appeals Court · 1987
- Cuozzo v. KrumsiekMassachusetts Land Court · 2021
- Gionet v. Zoning Bd. of Appeals of CharltonMassachusetts Appeals Court · 2017
- Laird v. ConsigliMassachusetts Superior Court · 2006
- Van Buren v. South Boston New Housing, LLCMassachusetts Superior Court · 2005