Massachusetts General Laws

Mass. Gen. Laws ch. 40A, § 8 (2026)

Appeals to permit granting authority

✓ current as of July 2026

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Section 8. An appeal to the permit granting authority as the zoning ordinance or by-law may provide, may be taken by any person aggrieved by reason of his inability to obtain a permit or enforcement action from any administrative officer under the provisions of this chapter, by the regional planning agency in whose area the city or town is situated, or by any person including an officer or board of the city or town, or of an abutting city or town aggrieved by an order or decision of the inspector of buildings, or other administrative official, in violation of any provision of this chapter or any ordinance or by-law adopted thereunder.

Notes of Decisions

Cited in 84 cases (6 in the last 5 years), 1968–2025 · leading case: Connors v. Annino

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Connors v. Annino, 460 Mass. 790 (Mass. 2011). · cites it 5× “850 (2008) (Gallivan), we hold that where the aggrieved party has adequate notice of the building permit’s issuance, he or she is required to appeal to the appropriate zoning board of appeals within thirty days of the permit’s issue date under G. L. c. 40A, §§ 8 and 15; in such…”

Gallivan v. Zoning Bd. of Appeals, 887 N.E.2d 1087 (Mass. App. Ct. 2008). · cites it 7× “40A, § 7, the plaintiff appealed unsuccessfully to the board, see G. L. c. 40A, § 8. Then her appeal to the Land Court, see G.”

Green v. Bd. of Appeals of Provincetown, 536 N.E.2d 584 (Mass. 1989). · cites it 5× “G. L. c. 40A, § 8 (1986 ed.). The board of appeals affirmed the decision of the building inspector.”

81 Spooner Road, LLC v. Zoning Bd. of Appeals of Brookline, 964 N.E.2d 318 (Mass. 2012). · cites it 2× “The Foggs appealed from that decision to the board pursuant to G. L. c. 40A, § 8. Public hearings were held on September 22 and October 20, 2005.”

Green v. Bd. of Appeals of Provincetown, 529 N.E.2d 159 (Mass. App. Ct. 1988). · cites it 6× “On March 6, Green, a resident [4] of Provincetown who lives (according to the defendants) two miles away from the proposed Burger King, appealed to the zoning board of appeals from the building inspector's determination, using a form prepared by the board for appeals under…”

Chongris v. Bd. of Appeals, 459 N.E.2d 1245 (Mass. App. Ct. 1984). · cites it 4× “Dissatisfied with the building inspector’s issuance of a permit to George Chongris to build a Dunkin Donuts Shop in the town of Andover, the Friends of Shawsheen Village Association (Friends) appealed from the building inspector’s decision to the board of appeals pursuant to G.…”

Murrow v. Esh Circus Arts, LLC, 101 N.E.3d 959 (Mass. App. Ct. 2018). · cites it 2× “Furthermore, such an interpretation would ignore much 7 of the standing jurisprudence related to G. L. c. 40A, §§ 8,3 11, and 17.4 See Chongris v.”

Barkan v. Zoning Bd. of Appeals of Truro, 126 N.E.3d 1008 (Mass. App. Ct. 2019). · cites it 2× “Pursuing such an appeal is subject to strict short-term deadlines, including that the initial appeal be filed within thirty days of the issuance of the permit. See G. L. c. 40A, § 15. The second potential pathway for challenging the validity of a building permit is through…”

81 Spooner Road, LLC v. Zoning Bd. of Appeals, 936 N.E.2d 895 (Mass. App. Ct. 2010). · cites it 3× “From his denial, the Foggs appealed to the board, G. L. c. 40A, § 8, seeking relief from the alleged violations.”

Kathleen a. Fisher v. Presti Fam. Ltd. P'ship & Another (& a Consol. Case )., 100 Mass. App. Ct. 234 (Mass. App. Ct. 2021). · cites it 5× “The question is whether Martin's May 26 letter was an appealable decision for purposes of G. L. c. 40A, § 8, such that the consequences of Fisher's failure to appeal from it could not be bypassed by her subsequent letters seeking similar zoning enforcement.”

Wendy's Old Fashioned Hamburgers of New York, Inc. v. Bd. of Appeal, 909 N.E.2d 1161 (Mass. 2009). “G. L. c. 40A, § 8. The act requires that a board create “a detailed record of its proceedings” and set forth “clearly” the “reason for its decision and of its official actions.”

Cornell v. Michaud, 947 N.E.2d 1138 (Mass. App. Ct. 2011). · cites it 5× “When Rivet again failed to respond, the Cornells appealed Rivet’s non-action to the board pursuant to G. L. c. 40A, §§ 8 and 15, on August 31, 2005.”

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