ZONING - MASSACHUSETTS

Pelullo v. Croft

Appeals Court of Massachusetts - October 22, 2014 - N.E.3d - 2014 WL 5343599

Abutting landowner appealed zoning board of appeals’ approval of permit to construct a single family home. The Land Court entered summary judgment in favor of abutting landowner. Applicant for permit appealed.

The Appeals Court held that:

Diagonal measurement of lot depth was not consistent with ordinary meaning of “lot depth,” in zoning bylaw that required a minimum lot depth of 125 feet for the construction of a single family home in an “RSA” residential zoning district, where lot was more or less rectangular, use of a diagonal line to measure the depth of a rectangular lot was contrary to the ordinary and accepted meaning of the term, and there was no evidence that there was an established practice of using a diagonal line.



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