Agenda - Planning Commission - 06/04/2009

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May 10, 20091 Volume 31No.9 Zoning Bulletin court concluded that the goal-post statute encompassed the Association's Measure 37 waivers. ' Although the Association's Measure 37 waivers were subject to the goal-post statute, the~ court held that tl).ey nevertheless were not immune from the effect of Measure 49. The court explained that two inconsistent statutes-the goal-post statute and Measure 49-applied: The goal-post statUte provided that the Association's Measure 37 waivers could not be changed. On the other hand, Measure 49 provided that the Association's Measure 37 waivers no longer had legal effect. The court said that when a general provision and particular provision were inconsistent, the par- ticular provision controlled. Similarly, when an earlier statute was incon- sistent with a later one, the later one controlled. Here, Measure 49 was' the more particular and the later as compared to the goal-post statute. Therefore, the court concluded that Measure 49 controlled-superseding both Measure 37 and the goal-post statute. As such, the goal-post statute did not apply to applications based on Measure 37 waivers. According- ly, the court found that the county erred in approving the Association's application. ' See also: MacPherson v. Department 'of Administrative Services, 340 Or. 117, 130P.3d308 (2006). See also: Corey v. Department of Land Conservation and Development, 344 Or. 457, 184 p.3d 1109 (2008). Right of Review-Abutting landowner challenges grant of variances to neighbor She claims injuries of light deprivation, decreased property value, and increased fire risk Citation: Shepherd v. Zoning Bd. of Appeal of Boston, 74Mas~. App. Ct. 8, 903 N.E.2d 593 (2009) MASSACHUSETTS (04/02/09)-Since 1982, Alison Sheppard owned a three-story building and lot in the city. In 1997, Robert K. McGarrell purchased a lot adjacent to Sheppard's. McGarrell's lot was twenty-six feet wide and one hundred feet deep, and spanned Sheppard's backyard. . When McGarrell purchased his lot, it contained a small home that was twenty-six feet wide and approximately thirty-nine feet deep. Mc- Garrell sought to raze the existing house and build a new, larger house on the lot. Eventually the city's zoning board of appeals ("ZBA") grant- ed McGarrell variances for lot size, lot width, and front and side yard requirements. Sheppard filed an action in court, appealing the grant of variances to . McGarrell. 8 @ 2009 Thomson Reuters 78 ~, ,( )I .(1: .-....-'. ! \ \ ) ",:J I I I II II II II I II II 'I I I 1 ,/ I' I I I I