MAURI v. ZONING BOARD OF APPEALS OF NEWTON

No. 12-P-359.

83 Mass. App. Ct. 336 (2013)

MAUREEN M. MAURI & another v. ZONING BOARD OF APPEALS OF NEWTON & others.

Appeals Court of Massachusetts, Suffolk.

February 22, 2013.


Attorney(s) appearing for the Case

Mark W. Corner for Bonnie E. Chansky & others.

Hugh V.A. Starkey for the plaintiffs.

Jason A. Rosenberg, G. Michael Pierce, & Terrence P. Morris, pro se, amici curiae, submitted a brief.

R. Lisle Baker & Brian Yates, pro se, amici curiae, submitted a brief.

Present: CYPHER, BROWN, & COHEN, JJ.


BROWN, J.

Once again, we are asked to address the longstanding rule that considers adjoining undersized lots held in common ownership as one lot for zoning purposes, in the context of a local zoning ordinance that has been interpreted to provide protection against such merger. A judge in the Land Court granted summary judgment to the plaintiff abutters, Maureen and Ronald Mauri, and revoked a building permit issued...

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