Grady v. Zoning Board of Appeals

This case presents the question whether a properly-granted zoning variance may be deemed to have “taken effect” pursuant to G. L. c. 40A, § 11, where it was not recorded with the registry of deeds within the one-year lapse period set forth in G. L. c. 40A, § 10, but was recorded eleven days thereafter, and where the holders have substantially relied upon it. The question whether a variance will take effect if the holders have substantially relied upon it was left open in Cornell v. Board of *726Appeals of Dracut, 453 Mass. 888, 891 n.7 (2009) {Cornell). In the unusual circumstances of this case,…