Cumberland v. Planning Board

2 Citing cases

  1. Lafond v. Renewable Energy Dev. Partners, LLC

    93 Mass. App. Ct. 1106 (Mass. App. Ct. 2018)

    Lafond argues that an appeal to the ZBA would have been futile as he copied it on all the correspondence with the building inspector, but the ZBA did nothing. This does not constitute a proper appeal under G. L. c. 40A, § 15. The ZBA had no jurisdiction to weigh in until the building inspector rendered a decision and Lafond filed a proper notice of appeal. See Cumberland Farms, Inc. v. Planning Bd. of Bourne, 67 Mass. App. Ct. 67, 69 (2006) ("An appeal to the zoning board pursuant to § 8 has, as a jurisdictional prerequisite, action by an administrative officer"); G. L. c. 40A, § 15.Lafond also argues that the permitting of other solar energy projects from 2012 to 2016 was evidence of a policy or practice that rendered his potential appeal futile.

  2. Country Places Dev., LLC v. Town of Middleton

    90 Mass. App. Ct. 1111 (Mass. App. Ct. 2016)

    rmit process, appeal of a municipal board's review of a site plan is unavailable because parties may challenge the later decision granting or denying a building permit based on the board's decision. See id. at 379–380 (planning board's opinion whether plan complies with parking by-law not separately appealable from building permit decision); St. Botolph, supra at 8–10 (redevelopment authority's adequacy determination is not a “final action,” but only a prerequisite to building permit, and right to appeal arises only when building permit is issued or denied; certiorari review not available); Dufault v. Millennium Powers Partners, 49 Mass.App.Ct. 137, 142 (2000) (planning board's approval of site plan was prerequisite to issuance of permit, not appealable final decision); Cumberland Farms, Inc., supra at 608–610 (planning board's action on site plan, which is component of application for building permit, is part of appeal from denial of building permit; certiorari review not available); Cumberland Farms, Inc. v. Planning Bd. of Bourne, 67 Mass.App.Ct. 67, 69 (2006) (appeal from planning board's disapproval of site plan improper, as formal denial of building permit was jurisdiction prerequisite for appeal). Cf. Loring Hills Developers Trust v. Planning Bd. of Salem, 374 Mass. 343, 350 (1978) (board of health recommendation, which must be followed by planning board, reviewed as part of appeal from planning board's decision on subdivision plan).