Angelus v. Board of Appeals
Angelus v. Board of Appeals
Opinion of the Court
The plaintiffs filed with the board a combined application for a special permit and request for approval of a site plan (see Prudential Ins. Co. of America v. Board of Appeals of Westwood, 23 Mass. App. Ct. 278 [1986]) for a proposed condominium development in a “General Residence” zoning district. The board, acting as the “special permit granting authority” (G. L. c. 40A, § 1A, inserted by St. 1977, c. 829, § 3A), duly held a hearing on the application within sixty days of its filing. On the ninetieth day following the hearing the board filed its decision denying the application for a special permit (it took no action on the request for site plan approval) with the town clerk and caused a copy of its decision to be served in hand on the attorney who had represented the plaintiffs at the hearing. The plaintiffs appealed to the Superior Court within twenty days thereafter. G. L. c. 40A, § 17, as amended through St. 1985, c. 492, § 1. They moved for summary judgment in their favor on the theory that there had been no “final action” by the board within the ninety-day period set out in G. L. c. 40A, § 9, as in effect prior to St, 1986, c. 471, because the written notices then provided for in the fifth paragraph of G. L. c. 40A, § 15, as appearing in St. 1975, c. 808, § 3,
Judgment reversed.
See now the tenth paragraph of G. L. c. 40A, § 9, as appearing in St. 1987, c. 498, § 1.
The judge’s reference to § 15 was obviously in error.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.