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NEEDHAM PASTORAL COUNSELING v. BD. OF APPEALS

No. 89-P-244.

29 Mass. App. Ct. 31 (1990)

557 N.E.2d 43

NEEDHAM PASTORAL COUNSELING CENTER, INC. vs. BOARD OF APPEALS OF NEEDHAM.

Appeals Court of Massachusetts, Norfolk.

July 19, 1990.

Attorney(s) appearing for the Case

Thomas F. O'Hare for the plaintiff.

Deirdre D. Donohue for the defendant.

Earl W. Trent, Jr., of Pennsylvania, for The American Baptist Churches in the U.S.A., amicus curiae, submitted a brief.

Present: WARNER, C.J., KASS & JACOBS, JJ.

KASS, J.

Needham Pastoral Counseling Center, Inc. (NPCC), proposes to remodel 864 square feet of space in a church building as offices and counseling rooms for a psychological counseling center with a spiritual component. The question is whether the proposed use is for "religious purposes" within the meaning of G.L.c. 40A, § 3, as inserted by St. 1975, c. 808, § 3, which exempts from zoning regulation "the use of land or structures for religious purposes...

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