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81 SPOONER ROAD, LLC v. ZONING BOARD OF APPEALS OF BROOKLINE

No. 09-P-1248.

78 Mass. App. Ct. 233 (2010)

81 SPOONER ROAD, LLC v. ZONING BOARD OF APPEALS OF BROOKLINE & others (and a consolidated case).

Appeals Court of Massachusetts, Suffolk.

November 9, 2010.

Attorney(s) appearing for the Case

Jeffrey P. Allen for 81 Spooner Road, LLC.

James Gray Wagner for George P. Fogg, III, & another.

Jennifer Dopazo Gilbert, Town Counsel, for zoning board of appeals of Brookline.

Present: KAFKER, GRAHAM, & GRAINGER, JJ.

GRAHAM, J.

Hearing a zoning enforcement appeal, filed by Frances K. Fogg and George P. Fogg, III, the town of Brookline (town) zoning board of appeals (board) revoked a building permit that had issued to the developer, 81 Spooner Road, LLC (LLC). That permit had authorized LLC to construct a new single-family home on a lot (71 Spooner Road) it owned in the Chestnut Hill section of the town. The board rejected the Foggs' claims respecting an adjacent property (81 Spooner...

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