SULLIVAN v. BOARD OF APPEALS OF HARWICH


15 Mass. App. Ct. 286 (1983)

445 N.E.2d 174

CHARLES W. SULLIVAN & another vs. BOARD OF APPEALS OF HARWICH & others.

Appeals Court of Massachusetts, Barnstable.

February 11, 1983.


Attorney(s) appearing for the Case

Kevin M. Keating for the plaintiffs.

John S. Leonard for George A. McLaughlin, Sr., executor, & others, interveners.

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

Present: HALE, C.J., ARMSTRONG, & SMITH, JJ.


ARMSTRONG, J.

The plaintiffs are the owners of two two-family dwellings in Harwich which have been used primarily for rental during the four summer months. The dwellings, lawful when constructed, see McLaughlin v. Board of Appeals of Harwich, 359 Mass. 416 (1971), are valid non-conforming uses in what is now a single-family residence district. The plaintiffs applied to the building inspector for permission to transfer...

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