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CASTELLI v. BOARD OF SELECTMEN OF SEEKONK

15 Mass. App. Ct. 711 (1983)

448 N.E.2d 768

FRANK J. CASTELLI & another vs. BOARD OF SELECTMEN OF SEEKONK & another.

Appeals Court of Massachusetts, Bristol.

April 29, 1983.

Attorney(s) appearing for the Case

Max Volterra, Town Counsel, for the defendants.

Frederic J. Torphy for the plaintiffs.

Present: GRANT, CUTTER, & KASS, JJ.

CUTTER, J.

Castelli owned an ice cream store in Seekonk in a zone then designated for highway business by the town's zoning by-law (the by-law), § 7.1 (1979). The store stands on 1.75 acres of land and is a wooden frame building erected in 1964, prior to the adoption of the by-law. It is a nonconforming structure because it has a front yard setback of only about twenty-two feet which is less than the seventy...

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