(Download) "Frank H. Hogan & Another v. Robert P." by Appeals Court of Massachusetts " eBook PDF Kindle ePub Free
eBook details
- Title: Frank H. Hogan & Another v. Robert P.
- Author : Appeals Court of Massachusetts
- Release Date : January 22, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Although, under G. L. c. 40A, §§ 7 & 8, parties claiming to be aggrieved by a municipal building inspector's issuance of a permit were required to make a protest to the building inspector and obtain his written response thereto before seeking administrative review by the board of appeals, omission of this procedural step was not fatal to their action for judicial review of the board of appeals' decision upholding the permit, where opposing parties did not raise the issue. [402-403] Where a zoning variance with respect to a parcel of land was granted in 1974 and was exercised in 1975 by the division of the parcel into two lots, each of which would be in violation of the city's zoning ordinance were it not for the variance, and by the conveyance of one of the lots with the buildings thereon, the issuance in 1983 of a building permit for a dwelling on the unimproved lot presented no issue as to any retroactive effect of provisions in G. L. c. 40A, § 10, which took effect in the city on June 30, 1978, that a variance shall lapse if it is not exercised within one year after the date it is granted. [403-405]
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