BZA grants appeal: Buckingham Browne & Nichols' 30 Jerry's Landing variance found not lapsed; case continued so ISD can process permits

The Cambridge Board of Zoning Appeals on Feb. 27 granted an appeal by Buckingham Browne & Nichols (BBN), ruling that a use variance the board issued in 2020 for educational uses at 30 Jerry’s Landing did not lapse for nonuse and therefore remains valid.

The board’s decision reverses a determination by the city’s Inspectional Services Department (ISD) that the variance had lapsed; the vote was 4 in favor, 1 opposed. Chair Jim Monteverde cast the lone opposing vote. The board also continued the related variance application to May 8, 2025, with conditions to allow ISD time to process any building-permit or certificate-of-occupancy filings if no appeal is filed.

BBN’s attorney, Tad Heuer of Foley Hoag, told the board the legal question hinges on Chapter 40A, Section 10 of the Massachusetts General Laws, which provides that rights granted by a variance lapse if not exercised within one year of the grant. Heuer said BBN recorded the variance on Aug. 25, 2020, and that activities within the subsequent year—Aug. 2020 to Aug. 2021—constituted exercise of the variance rights.…