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PALITZ v. ZONING BOARD OF APPEALS OF TISBURY

No. SJC-11678.

470 Mass. 795 (2015)

SUZANNE PALITZ, trustee, v. ZONING BOARD OF APPEALS OF TISBURY & another.

Supreme Judicial Court of Massachusetts, Suffolk.

March 3, 2015.

Attorney(s) appearing for the Case

Daniel P. Dain for the plaintiff.

Jonathan M. Silverstein ( Katherine D. Laughman with him) for the defendants.

The following submitted briefs for amici curiae:

Gareth I. Orsmond & Jesse W. Abair for Massachusetts Association of Regional Planning Agencies & others.

Edward J. DeWitt for Association to Preserve Cape Cod.

Benjamin Fierro, III , for Home Builders and Remodelers Association of Massachusetts, Inc.

Present: GANTS, C.J., SPINA, CORDY, BOTSFORD, DUFFLY, LENK, & HINES, JJ.

In this appeal, we must decide whether a division of land pursuant to the subdivision control law's existing structures exemption, G. L. c. 41, § 81L (§ 81L),3 entitles the structures on the resulting lots to "grandfather" protection against new zoning nonconformities created by the division. As is...

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