Ostroff v. Board of Appeals
Ostroff v. Board of Appeals
Opinion of the Court
The defendant board of appeals correctly decided that the 6,600 square foot parcel which fronts on the unconstructed road called “First Street” (and on which the plaintiff seeks to build) was not exempted by § 26.51 of the zoning by-law from the minimum area (30,000 square feet) and frontage (150 feet) provisions of §27 of the by-law. Section 26.51 has minimum area and frontage requirements of its own which, though in all instances less stringent than those imposed by § 27, become increasingly severe as one reads down the chronologically arranged list of time periods appearing in the table of exemptions. It is clear from that table that in order to qualify for an exemption, a lot (or aggregation of lots in common ownership) must not only be shown on a plan or deed recorded within one of those periods, but must also meet the area and frontage minima applicable to that period. We think it to be equally clear that those minima refer to the area and frontage existing at the time of such recording. Such a chronologically oriented interpretation follows from the format of the table of exemptions and is bolstered by the pertinent definitions contained in § 40 of the by-law. For “frontage” to exist, as defined in that section, there must be a “street,” and the only one of the three alternative definitions of the term “street” relevant to the present case is “[a] way shown on a plan theretofore approved and endorsed in accordance with the Subdivision
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.