SIMONE v. BOARD OF APPEALS OF HAVERHILL


6 Mass. App. Ct. 601 (1978)

380 N.E.2d 718

PETER SIMONE & others vs. BOARD OF APPEALS OF HAVERHILL & others.

Appeals Court of Massachusetts, Essex.

September 13, 1978.


Attorney(s) appearing for the Case

John E. Boyle for Peter Simone & others.

James T. Ronan for William Rabinowitz.

Present: KEVILLE, GOODMAN, & BROWN, JJ.


GOODMAN, J.

This action seeks to set aside a decision of the board of appeals of Haverhill (board) which granted a variance for "a retail food store and gasoline pumps," to be operated from a structure at 610 Main Street (locus). The structure had been built in 1962, before the adoption of the Haverhill zoning ordinance, as a gasoline station and was intermittently used for the purpose both before and after the effective date of the ordinance, January 1, 1972. Under...

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