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FOGELMAN v. CHATHAM

15 Mass. App. Ct. 585 (1983)

446 N.E.2d 1112

ROBERT F. FOGELMAN vs. TOWN OF CHATHAM.

Appeals Court of Massachusetts, Barnstable.

April 5, 1983.

Attorney(s) appearing for the Case

Frank J. Shealey, Town Counsel, for the defendant.

William F. Riley for the plaintiff.

Present: ARMSTRONG, ROSE, & GREANEY, JJ.

ARMSTRONG, J.

The plaintiff was denied a permit to build a guest house on a particular location on his lot bordering Ryder's Cove in Chatham. The building inspector and the board of appeals relied on a provision of the zoning by-law which prohibited building within twenty-five feet of wetland as defined in the by-law. The plaintiff brought an action in the Land Court under G.L.c. 240, § 14A, and c. 185, § 1(j 1/2), to determine the scope and validity of...

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