Bowers v. Board of Appeals of Marshfield

In 1977, Marshfield, acting through its department of public works, was on the brink of constructing a wastewater treatment plant and appurtenant sewage pumping stations. One of those pumping stations was to be located on Avon Street and in connection with it, the town required from its board of appeals a site plan approval 3 which was in the nature of a special permit. 4 This the board granted, and the plaintiffs, who were abutters to the proposed pumping station, brought an appeal under G. L. c. 40A, § 17.

From the town’s point of view, it was necessary to dispose of the challenge to the…