DUTEAU v. ZONING BOARD OF APPEALS OF WEBSTER

No. 97-P-1979.

47 Mass. App. Ct. 664 (1999)

DANIEL DUTEAU v. ZONING BOARD OF APPEALS OF WEBSTER & others.

Court of Appeals of Massachusetts, Worcester.

September 3, 1999.


Attorney(s) appearing for the Case

Howard J. Potash for Ronald Kokernak, Jr., & another.

John A. Mavricos for the plaintiff.

Present: KASS, KAPLAN, & JACOBS, JJ.


KASS, J.

As presented to the Superior Court judge who heard and decided the case, the controversy was an appeal under G. L. c. 40A, § 17, from the allowance of a special permit by the zoning board of appeals of Webster (board). Upon analysis, no special permit was required. Rather, the question was whether the disputed use could be carried on as matter of right under the zoning by-law, or whether the by-law forbade the use, a question of interpretation for the...

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