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WRIGHT v. BOARD OF APPEALS OF FALMOUTH

24 Mass. App. Ct. 409 (1987)

509 N.E.2d 923

ROBERT F. WRIGHT & another vs. BOARD OF APPEALS OF FALMOUTH & another (and a companion case).

Appeals Court of Massachusetts, Barnstable.

June 30, 1987.

Attorney(s) appearing for the Case

Richard F. Benway for Pamela Gilmore.

Frank K. Duffy, Jr., Town Counsel, for Board of Appeals of Falmouth.

John D. Riordan for Robert F. Wright & another.

Present: GREANEY, C.J., CUTTER, & SMITH, JJ.

CUTTER, J.

In 1973 Robert Wright and Edward Jacoubs (W & J) owned about forty acres of land (the locus) in Falmouth (the town). The facts stated below are based on "stipulated facts" in the record appendix.

A. Stipulated Facts

In January, 1973, W & J submitted to the town planning board and to the town clerk a preliminary plan for the subdivision of the locus, which lay in an Agricultural C (AGC) zone. At that time, the Falmouth zoning...

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