The Court also found that the matter was properly referred to the Zoning Board, as the settlement agreement was the subject of the termination and consultation obligations under Chapter 40A. Otherwise, the parties could use the comparisons as a mechanism to avoid the interests of Abutters, other interested parties and the procedural safeguards of Chapter 40A. Thus, the Court of Appeal upheld the decision of the Superior Court and the Zoning Board, to the extent that the transaction agreement does not remove responsibility for the Molloy`s complaint from the Zoning Board. In addition, the Court found that the Zoning Board`s decision was not arbitrary or based on legally untenable grounds. B. Enter an agreement between the owners of the property. A landowner may retain the land and perhaps grant his neighbour a licence or facility for use. In other cases, landowners may consent to co-existing relief. You must hire a licensed surveyor to develop a field plan for this agreement. Be sure to keep a legal advisor with real estate expertise to prepare a licensing and/or facilitation agreement that can be quite complicated. In that case, on 15 January 2013, following complaints about traffic and noise from neighbours, the City of Bourne, the MA issued an abstention order against the complainant Lighthouse Realty Trust (“lighthouse”), which prevented him from renting his estate in a residential area of Bourne for weddings and other large meetings. The City then commenced a finding and termination action in the G.L.c. 40A No.
7 Regional Court, as Lighthouse`s lease of land constituted a prohibited commercial use in a residential area. An abyss, Molloy, filed a motion to intervene in the case after being referred to an alternative resolution of the disputes, but the judge dismissed Molloy`s application. Instead, the judge ordered the city to notify, through its construction inspector Molloy and any other party, decisions to quash, nullify or amend the January 2013 termination order. The lighthouse and the city agreed to a settlement agreement, and the works inspector issued a new abstention order allowing Lighthouse to continue leasing its property with special restrictions. c. You may want to consider placing or placing a fence right next to or even along the demarcation line. Previously: (a) talk to your local inspector about height, location and all other requirements to ensure compliance with local shingle regulations; (b) talk to your neighbour before installing or moving a fence to confirm the demarcation line agreement and (c) hire a surveyor to determine the demarcation line to direct the fence. Complaints from conservation commission decisions are dealt with in two ways. Decisions under the Wetlands Protection Act must be made within 10 days at the Ministry of Environmental Protection using PED forms. Calls can be made by Abutters, 10 residents of the municipality or the Department of Environmental Protection. Complaints about the City of Ayer Wetlands Protection Bylaw must be filed by an aggrieved party in the Superior Court.
An “abutter” is the owner of adjacent land whose boundaries of the land affect the boundaries of the disputed land. In Stevens, the Court of Appeal considered whether a shingles commission was competent to appeal a shingles decision made by a settlement agreement in which The Abutter was not involved in the litigation.