WERNER v. BOARD OF APPEALS OF HARWICH


2 Mass. App. Ct. 647 (1974)

318 N.E.2d 483

CLARENCE F. WERNER & others vs. BOARD OF APPEALS OF HARWICH & others (and a companion case).

Appeals Court of Massachusetts, Barnstable.

November 6, 1974.


Attorney(s) appearing for the Case

Dean E. Nicholson (Stuart F. Liss with him) for the plaintiffs.

Richard J. Cain for Commodore Motel, Inc.

James M. Falla, Town Counsel, for the Board of Appeals of Harwich, submitted a brief.

Present: ROSE, KEVILLE, & GOODMAN, JJ.


KEVILLE, J.

These are two bills in equity brought under G.L.c. 40A, § 21, by abutters, and others claiming to be aggrieved, to set aside decisions of the board of appeals of Harwich (board) granting to the defendant Commodore Motel, Inc. (Commodore), (1) a special permit for the construction of various facilities to be used in connection with a nonconforming motel use on land (locus) in a residential zone and (2) a variance exempting those facilities from setback...

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