Connors v. Annino, 460 Mass. 790

Plaintiffs own property on Overland Road in Waltham adjacent to Annino’s property and challenged Annino’s expansion as potentially violating the zoning code.
Annino applied for two building permits on July 28, 2008; plaintiffs did not receive notice of the applications.
Connors learned of the permits July 30 and August 20 wrote the building commissioner urging denial or board referral.
Permits were issued September 15, 2008; plaintiffs learned of issuance September 25; building department confirmed on September 29.
On October 20, 2008, plaintiffs filed a § 8 petition with the board; the board later dismissed for lack of jurisdiction.
Land Court dismissed the resulting action; Appeals Court granted direct appellate review.
The core issue is whether adequate notice forecloses § 7 enforcement relief and requires timely § 8/15 appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether adequate notice barred §7 enforcement relief.	Connors argues §7 provides an independent remedy.	Annino argues §7 could be used if notice was inadequate.	§7 not available when adequate notice exists; §8/15 appeal must be timely.
Whether plaintiffs had adequate notice of permit issuance.	Plaintiffs claim lack of notice to file timely appeal.	Board and court should apply thirty‑day §8/§15 window.	Plaintiffs had adequate notice 20 days before expiry, making §8/§15 untimely.
Whether August 20 enforcement letter qualified as a §7 enforcement request.	Letter sought enforcement to stop permits.	No violation existed at that time; not a §7 enforcement request.	August 20 letter did not qualify as a §7 enforcement request.
How Gallivan governs the interaction of §§ 7, 8, and 15.	Gallivan supports alternative enforcement when no adequate notice.	Gallivan applies to bar bypassing the §8/§15 window when notice exists.	Gallivan controls; adequate notice bars §7 bypass and tolling not allowed.

Gallivan v. Zoning Bd. of Appeals of Wellesley, 71 Mass. App. Ct. 850 (2008) (enforcement alternative not available when adequate notice permits timely §8/§15 appeal)
Elio v. Zoning Bd. of Appeals of Barnstable, 55 Mass. App. Ct. 424 (2002) (permits issuance date treated as order/decision for §15 timing)
Fitch v. Board of Appeals of Concord, 55 Mass. App. Ct. 748 (2002) (enforcement relief where lack of notice can create independent path)
Vokes v. Avery W. Lovell, Inc., 18 Mass. App. Ct. 471 (1984) (notice adequacy factors; equitable considerations acknowledged)
Canton v. Commissioner of the Mass. Highway Dep’t, 455 Mass. 783 (2010) (statutory construction harmonizes related provisions to avoid absurd results)
Wheatley v. Massachusetts Insurers Insolvency Fund, 456 Mass. 594 (2010) (interpretation to avoid superfluous provisions; give effect to all parts)