PAQUIN v. BOARD OF APPEALS OF BARNSTABLE

No. 88-P-553.

27 Mass. App. Ct. 577 (1989)

541 N.E.2d 352

THOMAS C. PAQUIN, trustee, vs. BOARD OF APPEALS OF BARNSTABLE.

Appeals Court of Massachusetts, Barnstable.

July 18, 1989.


Attorney(s) appearing for the Case

Richard C. Anderson for the plaintiff.

Robert D. Smith, Town Counsel, for the defendant.

Present: WARNER, KAPLAN, & FINE, JJ.


WARNER, J.

The question presented by this case is whether the constructive grant provision of G.L.c. 40A, § 15, applies to a proceeding for reconsideration, sometimes called a repetitive petition, of a previously denied zoning variance pursuant to G.L.c. 40A, § 16.

On May 22, 1986, the board of appeals of Barnstable (board of appeals) denied the plaintiff's petition for a variance to be allowed to enlarge, alter and convert to office use a dwelling...

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