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PALITZ v. ZONING BOARD OF APPEALS OF TISBURY

No. SJC-11678.

470 Mass. 795 (2015)

SUZANNE PALITZ, trustee, v. ZONING BOARD OF APPEALS OF TISBURY & another.

Supreme Judicial Court of Massachusetts, Suffolk.

March 3, 2015.

Attorney(s) appearing for the Case

Daniel P. Dain for the plaintiff.

Jonathan M. Silverstein (Katherine D. Laughman with him) for the defendants.

The following submitted briefs for amici curiae:

Gareth I. Orsmond & Jesse W. Abair for Massachusetts Association of Regional Planning Agencies & others.

Edward J. DeWitt for Association to Preserve Cape Cod.

Benjamin Fierro, III, for Home Builders and Remodelers Association of Massachusetts, Inc.

Present: GANTS, C.J., SPINA, CORDY, BOTSFORD, DUFFLY, LENK, & HINES, JJ.

In this appeal, we must decide whether a division of land pursuant to the subdivision control law's existing structures exemption, G. L. c. 41, § 81L (§ 81L),3 entitles the structures on the resulting lots to "grandfather" protection against new zoning nonconformities created by the division. As is...

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