CORNELL v. BOARD OF APPEALS OF DRACUT

No. 07-P-1280.

72 Mass. App. Ct. 390 (2008)

PAUL CORNELL v. BOARD OF APPEALS OF DRACUT & another.

Appeals Court of Massachusetts, Suffolk.

August 19, 2008.


Attorney(s) appearing for the Case

Justin Perrotta for the plaintiff.

James P. Hall for Board of Appeals of Dracut.

Present: KANTROWITZ, KAFKER, & VUONO, JJ.


KANTROWITZ, J.

In this case, we consider what constitutes an exercise of a variance pursuant to G. L. c. 40A, § 10. Under the facts and circumstances presented, we conclude that no such exercise has occurred and thus affirm the judgment entered in the Land Court.

Background. On March 7, 2002, the defendant board of appeals of Dracut (town) granted the plaintiff, Paul Cornell, a variance to subdivide his fourteen-acre parcel into two lots. More...

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