Paquin v. Board of Appeals

The question presented by this case is whether the constructive grant provision of G. L. c. 40A, § 15, applies to a proceeding for reconsideration, sometimes called a repetitive petition, of a previously denied zoning variance pursuant to G. L. c. 40A, § 16.

On May 22, 1986, the board of appeals of Barnstable (board of appeals) denied the plaintiff’s petition for a variance to be allowed to enlarge, alter and convert to office use a dwelling in a residence zone. The plaintiff thereafter made site and building changes in his proposal and filed with the town clerk on January 20, 1987, another…