Rinaudo v. Zoning Bd. of Appeals of Plymouth
| Decision Date | 02 June 1981 |
| Citation | 421 N.E.2d 439,383 Mass. 885 |
| Parties | Peter F. RINAUDO v. ZONING BOARD OF APPEALS OF PLYMOUTH et al. 1 |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Melvin S. Louison, Brockton, for plaintiff.
Robert L. Shea, Town Counsel, Plymouth, for defendants.
Before HENNESSEY, C. J., and BRAUCHER, WILKINS, LIACOS and ABRAMS, JJ.
RESCRIPT.
The plaintiff appealed to the Superior Court the decision of the Plymouth zoning board of appeals (board) affirming the decision of the town building inspector refusing to extend or renew the plaintiff's building permits. G.L. c. 40A, § 17. The judge granted summary judgment for the defendants, and denied summary judgment for the plaintiff.
The building inspector denied Rinaudo's request for an extension or renewal of the building permits on the ground that Rinaudo had not commenced the work authorized by the permits within six months of their issuance. Pursuant to G.L. c. 40A, § 15, Rinaudo appealed and requested the board to order that the permits be reissued because the work on the project had begun seasonably. See G.L. c. 40A, § 6. The board denied Rinaudo's appeal. Its decision, upholding the building inspector's action, was issued 123 days after Rinaudo's appeal was filed.
Under G.L. c. 40A, § 15, as appearing in St. 1975, c. 808, § 3, The language of c. 40A, § 15, obligates a board of appeals to act on an appeal within the statutory time period, otherwise the appellant prevails by default. The defendants admit that the seventy-five day time limitation is mandatory. See Casasanta v. Zoning Bd. of Appeals of Milford, --- Mass. ---, --- - --- a, 384 N.E.2d 1218. Cf. Cullen v. Building Inspector of N. Attleborough, 353 Mass. 671, 679-680, 234 N.E.2d 727 (1968) ().
The town claims that the board of appeals lacked jurisdiction to hear Rinaudo's appeal, because the building inspector's denial of Rinaudo's request for an extension of the permits was made pursuant to the State building code, not the zoning act. We disagree. The dispute over the date of the start of construction arose in the context of a determination of whether Rinaudo's project conformed to the applicable provisions of the zoning...
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Zuckerman v. Zoning Bd. of Appeals of Greenfield
...a remedy for the failure of a board to act "within seventy-five days" after an appeal is filed. Rinaudo v. Zoning Bd. of Appeals of Plymouth, 383 Mass. 885, 421 N.E.2d 439 (1981). In contrast, no remedy is specified for failure to file a decision "within fourteen days." The omission is sign......
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..." Capone v. Zoning Bd. of Appeals of Fitchburg, 389 Mass. 617, 622, 451 N.E.2d 1141 (1983), quoting Rinaudo v. Zoning Bd. of Appeals of Plymouth, 383 Mass. 885, 885, 421 N.E.2d 439 (1981). See Building Inspector of Attleboro v. Attleboro Landfill, Inc., 384 Mass. 109, 110, 423 N.E.2d 1009 (......
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Capone v. Zoning Bd. of Appeals of Fitchburg
...the "softening influence of the Cullen case." The intent of the Legislature, as we recognized in Rinaudo v. Zoning Bd. of Appeals of Plymouth, 383 Mass. 885, ---, 421 N.E.2d 439 (1981), Mass.Adv.Sh. (1981) 1244, 1244, was to "[obligate] a board of appeals to act on an appeal within the stat......
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Pasqualino v. Board of Appeals of Wareham
... ... of their request for a variance from the minimum lot size requirements of the town's present zoning by-law and seeking a declaratory judgment stating that they are entitled to develop certain ... c. 40A, § 15 (as appearing in St.1975, c. 808, § 3). See Rinaudo v. Zoning Bd. of Appeals of Plymouth, --- Mass. ---, Mass.Adv.Sh. (1981) 1244, 421 N.E.2d 439 ... ...