Posts tagged "Review"

Buccaneer Development, Inc. v. Zoning Board of Review of Appeals of Lenox (Lawyers Weekly No. 11-105-15)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us   14-P-855                                        Appeals Court   BUCCANEER DEVELOPMENT, INC.  vs.  ZONING BOARD OF APPEALS OF LENOX. No. 14-P-855. Suffolk.     April 8, 2015. – August 11, 2015.   Present:  Berry, Milkey, & Massing, JJ.     Zoning, Special permit, Board of appeals:  decision.       Civil action commenced in the Land Court Department on January 9, 2008.   After review by this court, 83 Mass. App. Ct. 40 (2012), the case was heard by Dina E. Fein, J., sitting by designation, on a case stated.     Brett D. Lampiasi for the plaintiff. Jeremia A. Pollard for the defendant.     MASSING, J.  In denying the plaintiff developer’s request for a special permit to build a residential retirement community, the defendant zoning board of appeals of Lenox (board) was frank:  “In general, Board members agreed that the proposed project was simply too dense and too out-of-character with its surroundings.”  A judge of the Housing Court, sitting by designation in the permit session of the Land Court, reviewed the board’s decision under G. L. c. 40A, § 17, and after a bench trial, including a view of the project site, affirmed the denial of the special permit.  We affirm. Background.  The plaintiff, Buccaneer Development, Inc. (Buccaneer), seeks to build a residential retirement community for individuals fifty-five years of age and older, consisting of twenty-three single-family townhouses on twenty-three acres of land in the town of Lenox (town).  The parcel, which is located on East Street in a residential zoning district, is adjacent to sixty-eight acres of protected open space to the north and northeast.  It is situated between four single-family homes to the west, on lots ranging from .49 to 2.75 acres, and a 1950s era cul-de-sac development to the east, of seventeen modest single family homes on a total of 8.2 acres.  To the south lies the Cranwell resort and associated properties, including a golf course, mansions, ten condominium units on one-acre lots, and a housing development of thirty-seven units on twenty-one acres.  The public high school is located approximately eight-tenths mile north on East Street. On June 22, 2007, Buccaneer submitted an application for a special permit to the board.[1]  After a series of public hearings, the board voted 5-0 to deny the application on December 12, 2007, and its decision was filed on December 28, 2007.  The decision records the board members’ reasons […]

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Posted by Massachusetts Legal Resources - August 11, 2015 at 6:29 pm

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Week in Review: New Public Art Coming to South End

In case you missed them, here are this week's top headlines from the South End. South End Patch News

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Posted by Massachusetts Legal Resources - August 10, 2013 at 10:31 am

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Week in Review: Life In Prison for South End Murder

In case you missed it, here are this week's top headlines from the South End. South End Patch News

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Posted by Massachusetts Legal Resources - August 3, 2013 at 9:33 am

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Week in Review: Shots Fired, Fire Hits Apartment

In case you missed it, here are this week's top headlines from the South End. South End Patch News

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Posted by Massachusetts Legal Resources - July 27, 2013 at 10:06 am

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Week in Review: New Lingerie Store in South End

In case you missed it, here are this week's top headlines from the South End. South End Patch News

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Posted by Massachusetts Legal Resources - July 20, 2013 at 10:39 am

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Week in Review: St. George Street Development Concerns

The following were the top articles on South End Patch from July 8 to July 12, 2013: Graybar Electric Building to Become Apa South End Patch News

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Posted by Massachusetts Legal Resources - July 16, 2013 at 10:05 am

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Week in Review: South End Man Allegedly Defrauds One Fund

The following were the top articles on South End Patch from July 1 to July 5, 2013: Outdoor Latin Series Comes to South End Berklee Colle South End Patch News

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Posted by Massachusetts Legal Resources - July 7, 2013 at 10:21 am

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Week in Review: Hernandez Investigation

The following were the top articles on South End Patch from June 24 to June 28, 2013: Poli South End Patch News

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Posted by Massachusetts Legal Resources - June 30, 2013 at 10:54 am

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Week in Review: Manslaughter Verdict in Stabbing, Expanding Ice Cream Business

The following are the top articles on South End Patch from June 17 to June 21, 2013: Man Pleads Guilty in Fatal South End Stabbing Darryl Mitchell plead guilty to stabbing and killing a 29-year old West Roxbury man in the South End in 2011. South End’s Ross Launches City Council Campaign Jeff Ross, a long time South End resident, is making a run for an at-large city council seat this year. If elected, he would be the first openly gay member. South Enders Expanding Ice Cream Business Two South End residents are bringing their all-natural ice cream to the South Shore. South End Answers: Tree Removal on Columbus Ave Do you have a question about something in the South End? Ask it! What Sold in the South End: Warren Ave Condo for $ 1.5M A look at some of the sold properties in the Boston area this week. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch

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Posted by Massachusetts Legal Resources - June 23, 2013 at 9:56 am

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Week in Review: Obama Visits, Lost Pug Found

The following were the top articles on South End Patch from June 10 to June 14, 2013: Obama Makes Surprise Appearance in South End The President of the United States stopped by Charlie’s Sandwich Shoppe for lunch on Wednesday afternoon. Missing South End Pug Found in Scituate Winston, the dog that went missing Tuesday in the South End, has been reunited with his owner. Famous Works from South End Artist Found in Storage, Now Up for Auction Works by Allan Rohan Crite, a celebrated artist from the South End, will be up for auction this weekend after they were found in a storage locker in Western Massachusetts. Mt. Washington Bank Robbed of $ 180 on Friday Boston Police are looking for a suspect who robbed a bank in the South End on Friday. South End’s McKinley Among Schools That Received Suspicious Letters Police have said there does not appear to be any credible physical threat in regards to the letters sent to Boston public schools across the city. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch

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Posted by Massachusetts Legal Resources - June 16, 2013 at 10:30 am

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