GIRARD v. BOARD OF APPEALS OF EASTON


14 Mass. App. Ct. 334 (1982)

439 N.E.2d 308

GARY A. GIRARD & others vs. BOARD OF APPEALS OF EASTON & others.

Appeals Court of Massachusetts, Bristol.

August 23, 1982.


Attorney(s) appearing for the Case

Joseph Graglia for Gary A. Girard & others.

Martyn H. Lincoln, Town Counsel, for Board of Appeals of Easton.

William T. Condon for Martha M. Gomes & another, submitted a brief.

Present: HALE, C.J., PERRETTA, & KASS, JJ.


KASS, J.

Alfred F. Gomes and Martha M. Gomes are the owners of two adjoining parcels in Easton containing 8,769 square feet and 10,500 square feet, respectively. A dwelling house is located on the smaller parcel, and the larger parcel is vacant. In the aggregate, let alone separately, the parcels are below the minimum lot size (40,000 square feet) under the applicable provision of the zoning by-law of Easton. The Gomeses desire to use the vacant parcel as a building...

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