Reeve v. Godfrey

The plaintiffs, Abigail Reeve and others, appeal from a judgment of the Land Court affirming the grant of a building permit to defendant John E. Godfrey. The sole issue before us is whether a judge of the Land Court erred in finding that a right of way on the property at issue is "generally open to governmental agencies," as provided by the zoning ordinance of the city of Beverly (by-law), § 38-2.43 (§ 38-2.43). We discern no error in the judge's interpretation of § 38-2.43 or the facts, and affirm.

Background. Godfrey seeks to build a house on a lot known as 66 Paine Avenue in Beverly (the…