RACETTE v. ZONING BOARD OF APPEALS OF GARDNER

No. 88-P-279.

27 Mass. App. Ct. 617 (1989)

541 N.E.2d 369

RAYMOND C. RACETTE & others vs. ZONING BOARD OF APPEALS OF GARDNER.

Appeals Court of Massachusetts, Worcester.

July 26, 1989.


Attorney(s) appearing for the Case

John B. Barrett, City Solicitor, for the defendant.

F. Alex Parra & Louis N. Levine for the plaintiffs.

Present: GREANEY, C.J., DREBEN, & WARNER, JJ.


WARNER, J.

On the plaintiffs' motion for summary judgment, a judge of the Superior Court entered a judgment annulling the decision of the zoning board of appeals of Gardner (board) which denied the plaintiffs' petition for variances. The judge determined that the petition had been constructively granted under the provisions of G.L.c. 40A, § 15, as appearing in St. 1975, c. 808, § 3. The issue is whether, under a procedure adopted by the board, the filing...

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