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COLANGELO v. BOARD OF APPEALS OF LEXINGTON

407 Mass. 242 (1990)

552 N.E.2d 541

MICHAEL COLANGELO & another, trustees, vs. BOARD OF APPEALS OF LEXINGTON & another.

Supreme Judicial Court of Massachusetts, Middlesex.

April 12, 1990.

Attorney(s) appearing for the Case

Victor Bass for Board of Appeals of Lexington & another.

Brenda J. Fingold (Richard J. Innis with her) for the plaintiffs.

Present: LIACOS, C.J., ABRAMS, NOLAN, LYNCH, O'CONNOR, & GREANEY, JJ.

LYNCH, J.

The plaintiffs, Michael Colangelo and Steven Colangelo, trustees of Maguire Road Realty Trust, own two adjacent parcels of land in Lexington. The resulting lot does not meet the minimum area lot requirement of the town's zoning by-law for commercial development. The plaintiffs applied for a variance or, in the alternative, for an exemption, under § 7.4.4 of the by-law, from the minimum area requirement. They also applied for a special permit to build...

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