Marashlian v. Zoning Board of Appeals

The defendants Newburyport Redevelopment Authority (Authority) and Foster Properties, Ltd. (Foster), sought and received a special permit and two zoning variances from the zoning board of appeals of Newburyport (board), so as to construct a hotel in Newburyport’s down*720town waterfront area. The plaintiff abutters appealed from the board’s decision under G. L. c. 40A, § 17 (1994 ed.),3 to the Superior Court. After a contested evidentiary hearing, a Superior Court judge found that the abutters had standing to contest the board’s action, but that the board did not exceed its authority in granting…