SOLAR v. ZONING BOARD OF APPEALS OF LINCOLN

No. 90-P-907.

33 Mass. App. Ct. 398 (1992)

600 N.E.2d 187

BARRY L. SOLAR & another vs. ZONING BOARD OF APPEALS OF LINCOLN.

Appeals Court of Massachusetts, Middlesex.

October 9, 1992.


Attorney(s) appearing for the Case

Thomas B. Arnold for the defendant.

Chester A. Janiak for the plaintiffs.

Present: PERRETTA, JACOBS, & GREENBERG, JJ.


PERRETTA, J.

On the plaintiffs' appeal under G.L.c. 40A, § 17, a Superior Court judge concluded that the defendant board was without authority to modify an accessory apartment permit to make it conditional upon the plaintiffs' ownership of the land. The permit had been granted fifteen years earlier for automatically renewable three-year periods without such a restriction. Concluding that the board's decision to make the permit personal to the plaintiffs was based...

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