BJORKLUND v. ZONING BOARD OF APPEALS OF NORWELL


450 Mass. 357 (2008)

J. STEPHEN BJORKLUND & another, trustees, v. ZONING BOARD OF APPEALS OF NORWELL.

Supreme Judicial Court of Massachusetts, Suffolk.

January 7, 2008.


Attorney(s) appearing for the Case

Michael C. Hayes for the plaintiffs.

Robert W. Galvin for the defendant.

Carl K. King, for Massachusetts Chapter of the American Planning Association, amicus curiae, submitted a brief.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, CORDY, & BOTSFORD, JJ.


GREANEY, J.

This case, transferred here on our own motion, raises the issue unresolved in Bransford v. Zoning Bd. of Appeals of Edgartown, 444 Mass. 852 (2005) (Bransford) — does the proposed reconstruction of a single-family residence, which satisfies all dimensional requirements in the town's zoning bylaw except the required minimum lot size, "increase the nonconforming nature of [the] structure" within...

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