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CHWALISZEWSKI v. BOARD OF APPEALS OF LYNNFIELD

No. 89-P-764.

29 Mass. App. Ct. 247 (1990)

559 N.E.2d 627

IRENE A. CHWALISZEWSKI vs. BOARD OF APPEALS OF LYNNFIELD & others.

Appeals Court of Massachusetts, Suffolk.

September 19, 1990.

Attorney(s) appearing for the Case

David Berman for the plaintiff.

S. Peter Gorshel, Town Counsel, for the Board of Appeals of Lynnfield.

Present: PERRETTA, KASS, & JACOBS, JJ.

PERRETTA, J.

By this appeal, we are asked to decide whether, as matter of law, a basketball court is a "structure" within the meaning of the Lynnfield zoning by-law. Section 4(h) of the by-law imposes set back and side yard line requirements on "building[s], swimming pool[s], tennis court(s) or other structure[s]." The board of appeals of Lynnfield held that a building permit was not required for the construction of the court. A judge of the Land Court affirmed the...

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