Special permit applicant filed appeals challenging text amendments to city zoning regulations and zoning map changes made by city planning and zoning commission precluding special permit to construct fast-food restaurant.
After consolidation of appeals, the Superior Court dismissed. Applicant appealed. The Appellate Court affirmed. Applicant petitioned for certification to appeal, which was granted.
The Supreme Court held that:
- Zoning regulations did not confer authority on city zoning administrator to void application on ground that it was incomplete;
- Zoning administrator’s letter purportedly voiding application was not appealable to zoning board of appeals or superior court; and
- Applicant’s failure to pursue administrative remedy as to letter did not moot appeals of regulatory amendments and map changes.