According to a recent Massachusetts Appeals Court decision, it
is less than previously thought. In Green v. Zoning Board of Appeals of
Southborough, the Appeals Court decided that a use
variance had not lapsed even though the developer was still working
through the permitting process for other necessary approvals.
The developer, Park Central, sought and obtained a use variance
from the Zoning Board of Appeals of Southborough (the
"Board"). The Board granted the use variance subject to
16 conditions, including a condition that the variances was not
"effective" until Park Central obtained a comprehensive
permit for the project. The Board's decision was not appealed,
and Park Central recorded the decision.
