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EPSTEIN v. BOARD OF APPEAL OF BOSTON

No. 09-P-211.

77 Mass. App. Ct. 752 (2010)

DANIEL EPSTEIN, trustee, & others v. BOARD OF APPEAL OF BOSTON & another.

Appeals Court of Massachusetts, Suffolk.

September 21, 2010.

Attorney(s) appearing for the Case

Joseph F. Hardcastle for Daniel Epstein, as trustee of the Burden Realty Trust.

Michael J. Traft for 58-60 Burbank LLC.

Present: BERRY, BROWN, & SIKORA, JJ.

SIKORA, J.

This appeal presents a question of standing under the Boston zoning enabling act (enabling act). The dispute centers upon a parcel in the Fenway area of the city. The board of appeal of Boston (board of appeal) granted variances and a conditional use permit to the owner of the parcel, 58-60 Burbank Realty Trust (Burbank),4 enabling it to replace a one-story commercial structure...

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