Two interesting cases, no real impact on Dennis. The original case, known as the Gale decision suggested that, if you had one non-conformity a Board of Appeals could grant a Special Permit that created a new non-conformity. The newer decision, Deadrick, takes the opposite approach.
Why I say no real impact on Dennis is, we adopted specific findings that the Board of Appeals is required to make in certain circumstances which specifically address these issues. In Dennis, the Zoning By-law specifically requires a finding, under the Special Permit criteria, that a creation of a new non-conformity where one presently does not exist is to be found “substantially more detrimental.” Thus, the Dennis Zoning, long before Gale, had provided specific protections against Special Permit requests to create a new non-conformity.
Nice to be ahead of the game!