GOLDHIRSH v. McNEAR

No. 90-P-486.

32 Mass. App. Ct. 455 (1992)

590 N.E.2d 709

BERNARD GOLDHIRSH vs. JOHN W. McNEAR, individually & as trustee, & others (and two companion cases).

Appeals Court of Massachusetts, Suffolk.

April 28, 1992.


Attorney(s) appearing for the Case

Kevin M. Dalton for the plaintiff.

Charles G. Kadison Jr. (Francis L. Flatley with him) for the defendants.

Present: PERRETTA, PORADA, & LAURENCE, JJ.


PERRETTA, J.

By appeal from a Land Court judgment in these consolidated cases, we are required to determine whether a carriage house, which was converted to a single-family structure, is entitled to the protection afforded residential structures by the second "except" clause of the first paragraph of G.L.c. 40A, § 6, and the similar by-law provision. We conclude that the building is entitled to that protection, but, because the defendant board failed to consider...

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