Marinelli v. Board of Appeals

In this case we are required to interpret the common ownership grandfathering provision of the State’s zoning act, G. L. c. 40A.

1. Procedural history. Fred Marinelli applied for a building permit to construct a single-family residence on a parcel of land (Lot C) in Stoughton. The town’s building inspector denied Marinelli’s application on the ground that Lot C lacked the minimum lot size required by the town’s zoning bylaw, and the board of appeals of Stoughton (board) upheld the denial. On appeal, a judge of the Land Court granted summary judgment in favor of Marinelli, finding that Lot C…