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MULDOON v. PLANNING BOARD OF MARBLEHEAD

No. 07-P-1033.

72 Mass. App. Ct. 372 (2008)

SUSAN MULDOON v. PLANNING BOARD OF MARBLEHEAD & another.

Appeals Court of Massachusetts, Suffolk.

August 15, 2008.

Attorney(s) appearing for the Case

Kevin M. Dalton for the intervener.

Francis T. Mayo for the defendant.

Paul M. Lynch for the plaintiff.

Present: GRASSO, TRAINOR, & WOLOHOJIAN, JJ.

GRASSO, J.

The Marblehead zoning by-laws (by-laws) require site plan review by the planning board (board) of certain construction in the town's shoreline districts. As part of its site plan review of Susan Muldoon's proposed reconstruction of her single family home, the board conditioned approval of Muldoon's plan on her (1) using wood clapboard or shingle, rather than brick, on the building exterior (the siding condition) and (2) positioning the house thirty feet...

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