SHACKA v. BOARD OF APPEALS OF CHELMSFORD


341 Mass. 593 (1961)

171 N.E.2d 167

LOUISE H. SHACKA & others vs. BOARD OF APPEALS OF CHELMSFORD & another.

Supreme Judicial Court of Massachusetts, Middlesex.

January 3, 1961.


Attorney(s) appearing for the Case

P. Harold Ready, (Maurice Barlofsky with him,) for the plaintiffs.

Vernon R. Fletcher, for the intervener.

Present: WILKINS, C.J., SPALDING, WILLIAMS, WHITTEMORE, & CUTTER, JJ.


WHITTEMORE, J.

The decree in the Superior Court upholding the grant of a variance was in error.

The evidence shows that the applying owner, the intervener, had purchased the property at 46 Gorham Street, Chelmsford, on a "main highway," as a site for an automobile service station, a use not permitted in this general residence district. For seventeen years the intervener had operated a service station at 15 Gorham Street on land being taken for State highway...

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