HUNTERS BROOK REALTY v. ZONING BD. OF APPEALS


14 Mass. App. Ct. 76 (1982)

436 N.E.2d 978

HUNTERS BROOK REALTY CORPORATION vs. ZONING BOARD OF APPEALS OF BOURNE.

Appeals Court of Massachusetts, Barnstable.

June 24, 1982.


Attorney(s) appearing for the Case

Robert Sweeney Troy, Town Counsel, for the defendant.

Richard C. Anderson for the plaintiff.

Present: GREANEY, CUTTER, & DREBEN, JJ.


GREANEY, J.

The last paragraph of G.L.c. 40A, § 10, as amended by St. 1977, c. 829, § 4B, provides that "[i]f the rights authorized by a variance are not exercised within one year of the date of grant of such variance they shall lapse, and may be reestablished only after notice and a new hearing pursuant to this section." The issue in this case is whether the holder of a variance which has lapsed must show anew that he is entitled to the variance in order...

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