In its recent decision in Samuelson v. Planning Bd. of Orleans, the Appeals Court affirmed and expanded on its 2011 decision in Killorin v. Zoning Bd. of Appeals of Andover, which confined the reach of M.G.L. c. 184, § 23. That statute generally limits conditions or restrictions on the use of land to a term
Chapter 184
Appeals Court Opens Barn Door Halfway in Horse Case
By Richard Gallogly on
In Rosenfeld v. Zoning Board of Appeals of Mendon (pdf), the Massachusetts Appeals Court considered the plaintiff abutters’ challenge to the defendant zoning board’s issuance of a special permit authorizing the construction of an equestrian facility on a 46-acre parcel in a residential zone. As proposed, the facility would feature stables, an indoor training arena, a trainer’s …