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With a shortage of vacant land available for construction of new school buildings, municipalities are frequently pressured to convert parkland to school uses. More often than not, such conversions implicate Article 97. Article 97 of the Amendments to the Massachusetts Constitution “provides that land and easements taken or acquired for conservation purposes shall not be used f ...
In a decision that brought cheers from thirsty beachgoers, the Appeals Court in Almeida v. Arruda, 89 Mass. App. Ct. 241 (2016) affirmed a lower court finding that the sale of beer and wine at a pre-existing, nonconforming convenience store was neither a substantial change in use nor a detriment to the neighborhood. Pursuant to G.L.c.
Home > Zoning > No Deference for Unreasonable Interpretation of Zoning Bylaw In its recent rescript opinion in Pelullo v. Croft, the Appeals Court affirmed a Land Court decision that overturned a building inspector’s interpretation of an undefined term in the Natick Zoning Bylaw. The Appeals Court found that the building inspector’s interpretation was unreasonable and t ...
In a case of first impression, the Appeals Court recently ruled that a dimensionally conforming structure used for a nonconforming use can’t be considered a nonconforming structure under M.G. L. c. 40A, § 6 (Section 6), first paragraph. The case is Welch-Philippino v. Zoning Board of Appeals of Newburyport (pdf).
In a previous post we discussed Gale v. Zoning Board of Appeals of Gloucester (pdf) and the “difficult and infelicitous” language of the first two sentences of M.G.L. c. 40A, § 6 governing nonconforming uses and structures. In Gale, the Appeals Court upheld the grant of a special permit authorizing the reconstruction of a single-family house that increased existing setback nonconformities.