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SPALKE v. BOARD OF APPEALS OF PLYMOUTH

7 Mass. App. Ct. 683 (1979)

389 N.E.2d 788

WILLIAM J. SPALKE vs. BOARD OF APPEALS OF PLYMOUTH.

Appeals Court of Massachusetts, Plymouth.

May 30, 1979.

Attorney(s) appearing for the Case

Robert L. Shea, Town Counsel (Leo D. Shea with him) for the defendant.

Joseph A. D'Agostino for the plaintiff.

Judith Pickett for the Conservation Law Foundation of New England, Incorporated, amicus curiae, submitted a brief.

Present: KEVILLE, ROSE, & PERRETTA, JJ.

PERRETTA, J.

The plaintiff, Spalke, is the "prospective owner"1 of land upon which he wishes to build a summer cottage. The land in question (land or the lots) consists of two of approximately ten undeveloped lots at the bay tip of Saquish Peninsula in Plymouth. The peninsula is about seven miles long and extends from the mainland of the town of Duxbury into Plymouth Bay. Thus, the Saquish area of Plymouth is accessible from Plymouth center...

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