Legal Opinion · Dissent

Albahari v. Zoning Board of Appeals

Massachusetts Appeals Court

Decided February 8, 2010No. 08-P-1515Published

1DissentBrown, J.

I think the decision of the zoning board of appeals of Brewster (board) was correct, and the Land Court judge erred in annulling its decision. A review of the entire case demonstrates Owocki’s entitlement to a permit.

*253From the outset of this case, the town building commissioner (commissioner) took the position that the deficiencies related to the structures “can be readily and quickly” satisfied. In appealing from the September 29, 2000, denial of the original application, the only issue before the board, the Superior Court, and this court revolved around the soil type. See Albahari v. Board…

2Cases cited2 opinions

  1. Copley v. Board of AppealsMassachusetts Appeals Court · 1973
  2. Titcomb v. Board of AppealsMassachusetts Appeals Court · 2005

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