Bldg. Comm'r of Franklin v. Dispatch Communications of New England, Inc

In Bldg. Comm'r of Franklin v. Dispatch Communications of New England, Inc., 48 Mass. App. Ct. 709, 725 N.E.2d 1059 (2000), the board's decision to deny erection of a telecommunication tower because it violated the by-law height restriction was upheld by the Massachusetts Appeals Court ("Appeal Court"). Id. at 714-18. The Appeals Court noted that the telecommunications provider read the term "tower" out of context with the remaining part of the sentence and held that the board's interpretation that the by-law did not intend to exempt free-standing towers, but only towers that were appurtenant to buildings, was consistent with statutory construction and a reasonable interpretation of the by-law. Id. at 717-18.