Williams v. Board of Appeals of NorwellAnnotate this Case
The Supreme Judicial Court reversed the order of the Land Court denying Plaintiff's motion for summary judgment in this land dispute, holding that an undeveloped lot that was deemed unbuildable under the local zoning bylaw in effect when the lot's owner requested a building permit was protected as buildable under Mass. Gen. Laws ch. 40A, 6.
At issue before the Supreme Judicial Court was whether the lot at issue met the minimum "frontage" requirement set forth in Mass. Gen. Laws ch. 40A, 6. The land court annulled the issuance of the building permit in this case, concluding that the lot did not qualify for protection under the statute. The appeals court reversed and reinstated the decision of the zoning board of appeals allowing the application for a permit. The Supreme Judicial Court reversed and vacated the land court judge's order, holding that the subject lot had more than fifty feet of "frontage" on a "way," and therefore, the lot was protected as a buildable lot pursuant to Mass. Gen. Laws ch. 40A, 6.