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September 25, 2015 1 Volume 9 1 Issue 18 Zoning Bulletin <br />See also: Steven Banks v. Heineman, 286 Neb. 390, 837 N. W.2d 70 <br />(2013). <br />See also: City of Ralston v. Balka, 247 Neb. 773, 530 N. W.2d 594 <br />(1995). <br />Special Permit/Discretion—Zoning <br />board of appeals denies special <br />permit application for residential <br />retirement community <br />Board's denial is based on subjective finding <br />that proposed project was "out -of -character <br />with its surroundings" <br />Citation: Buccaneer Development, Inc. v. Zoning Bd. of Appeals of <br />Lenox, 35 N.E.3d 737 (Mass. Ct. App. 2015) <br />MASSACHUSETTS (08/11/15) This case addressed the issue of <br />whether a zoning board of appeals acted within its discretion when it <br />denied a developer's application for a special permit to build a residen- <br />tial retirement community. <br />The Background/Facts: Buccaneer Development, Inc. ("Buc- <br />caneer") sought to build a residential retirement community for <br />individuals 55 years of age and older on a 23 -acre parcel of land (the <br />"Property") in a residential zoning district in Lenox, Massachusetts <br />(the "Town"). The proposed development would consist of 23 single- <br />family townhouses. Surrounding the Property were: 68 acres of <br />protected open space to the north and northeast; four single-family <br />homes to the west; a cul-de-sac development to the east of 17 single- <br />family homes; and a resort and associated properties, including a golf <br />course, 10 condominium units, and a 37 -unit housing development to <br />the south. <br />Under § 6 ("Use Regulations") of the town's zoning bylaw, as in ef- <br />fect at the relevant time, a special permit was required to build a retire- <br />ment community in a residential zone. Thus, in furtherance of its <br />proposed project, Buccaneer submitted an application for a special <br />permit to the Town's zoning board of appeals (the "ZBA"). <br />The ZBA unanimously voted to deny Buccaneer's application for <br />the special permit. The ZBA members found, among other things, that <br />the proposed development project was "simply too dense and too out - <br />of -character with its surroundings." <br />10 © 2015 Thomson Reuters <br />