CORNELL v. BOARD OF APPEALS OF DRACUT

SJC-10307

453 Mass. 888 (2009)

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

Supreme Judicial Court of Massachusetts, Suffolk.

May 22, 2009.


Attorney(s) appearing for the Case

Justin Perrotta for the plaintiff.

James P. Hall (Raymond T. Weicker with him) for the defendants.

Ilana M. Quirk, for Massachusetts Chapter of the American Planning Association, amicus curiae, submitted a brief.

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


SPINA, J.

This zoning case requires us to decide the actions a variance holder must take to "exercise" a dimensional variance under G. L. c. 40A, § 10, to prevent it from lapsing.2

The plaintiff, Paul Cornell, owns a fourteen-acre lot in Dracut. He proposed a plan to divide the property into two parcels, with the intention of erecting a home on the smaller of the two parcels. Because...

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