Aiello v. Planning Board of Braintree

Aiello v. Planning Board of Braintree

Opinion

 [**625]  Meade, J. In this matter we examine the issue of standing to appeal from a zoning decision in the context of an abutter's appeal from a decision of a local planning board (board) to allow modification of a 1994 special permit to remove conditions that  [*355]  benefited the residential abutter in terms of visual and auditory impacts. We conclude that it was error for the judge to find that the plaintiff lacked standing to appeal from the board's decision. We address only the merits argued in the plaintiff's brief and conclude that the board's decision granting a modified special permit removing the conditions must be reconsidered by the board.

Background. 1. Aiello's property. The plaintiff, Roger Aiello, owns fifteen acres of residentially zoned property in Braintree, located directly north of the commercially zoned locus. [***2]  Aiello's property consists of a number of parcels; in addition to single and multifamily residential units, it contains a prior nonconforming catering business and a “semi-agricultural use,” a goat pasture. One of Aiello's single-family residences is located within eleven feet of the locus's northern boundary. Aiello's property is at a higher elevation than the locus. The judge found that the Aiello property has a clear view of the structure on the locus and portions of the parking area. The farther away one stands from the boundary line, the more visible the locus becomes.

2. The locus. The locus, now owned by RMT Braintree, LLC, and occupied by McCourt Construction,³ contains approximately nine acres and is located in both the commercial and watershed protection  [**626]  districts.⁴ The locus is long (approximately 2,000 feet), running from east to west, and narrow (approximately 200 feet). It currently is improved with a 675-foot-long commercial structure (sometimes referred to as building). Development of the rear, or western end of the locus is limited by the presence of wetlands. With only thirteen feet between the building and the locus's southern boundary, there is no parking or access [***3]  along the southern side of the building where the locus abuts other commercial property.⁵

Access from the public way is on the eastern end, or “front,” of the locus, and pavement covers most of the eastern and northern portions of the locus. West of the structure, approximately forty-five feet are paved before the wetlands begin. For many years,  [*356]  parking has been directly along the eastern and northern sides of the building. Vehicular traffic traditionally has run between the row of cars along the building and the northern line of the parking area.

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