Howard v. Anastasio

Muse, Christopher J., A.J.

Plaintiff, Albion Howard (“Howard”), appeals from the Town of Dennis Zoning Board of Appeals (the “Town”) decision and order dated July 25, 2003, which seeks to enforce its Zoning By-Laws concerning the use of a single-family dwelling unit as two single-family dwelling units.

For the following reasons Howard’s complaint is DISMISSED and the Town’s counterclaim is ALLOWED, as further described below.

BACKGROUND

Albion Howard owns two parcels of land in West Dennis, MA on which he built a single-family dwelling (the “Property”) in 1978. In 1984, Howard applied for a…