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CAPPUCCIO v. ZONING BOARD OF APPEALS OF SPENCER

398 Mass. 304 (1986)

496 N.E.2d 646

MICHAEL A. CAPPUCCIO & another vs. ZONING BOARD OF APPEALS OF SPENCER & another.

Supreme Judicial Court of Massachusetts, Worcester.

August 21, 1986.

Attorney(s) appearing for the Case

Barry A. Bachrach for the plaintiffs.

Roger J. Brunelle (Philip Feinzeig with him) for the intervener.

Mark I. Zarrow for the defendant.

Present: HENNESSEY, C.J., WILKINS, ABRAMS, & LYNCH, JJ.

LYNCH, J.

The plaintiffs are owners of a parcel of real estate known as "Sherwood Beach" on Thompson Pond Road in Spencer. In February, 1985, the intervener filed a petition with the zoning board of appeals of Spencer (board) alleging that the plaintiffs' use of Sherwood Beach as a concert site was an extension of a nonconforming use in violation of Spencer's zoning by-law.3 After a hearing attended by Michael A. Cappuccio at which the...

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