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ELDER CARE SERV. v. ZONING BD. OF APP, HINGHAM

17 Mass. App. Ct. 480 (1984)

459 N.E.2d 832

ELDER CARE SERVICES, INCORPORATED vs. ZONING BOARD OF APPEALS OF HINGHAM & another.

Appeals Court of Massachusetts, Plymouth.

February 6, 1984.

Attorney(s) appearing for the Case

George M. Ford (Chester A. Janiak with him) for the defendants.

Michael S. Gardener (Louise Sawyer with him) for the plaintiff.

Present: ARMSTRONG, PERRETTA, & DREBEN, JJ.

DREBEN, J.

In September, 1981, Elder Care Services, Incorporated (Elder Care), applied to the zoning board of appeals (board) for a special permit to construct a facility consisting of a 120-bed nursing home and 300 self-care units in a district where, under Hingham's zoning by-law, a nursing home or "other non-correctional institutional use" is allowed under a special permit, but where multi-family dwellings, including apartments, are not. The board denied the application...

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