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ASACK v. BOARD OF APPEALS OF WESTWOOD

No. 97-P-2176.

47 Mass. App. Ct. 733 (1999)

PHILIP P. ASACK & another v. BOARD OF APPEALS OF WESTWOOD.

Court of Appeals of Massachusetts, Norfolk.

September 15, 1999.

Attorney(s) appearing for the Case

Stephen Gordet for the plaintiffs.

Thomas P. McCusker, Jr., for the defendant.

Present: PERRETTA, DREBEN, & SPINA, JJ.

DREBEN, J.

When in 1988, the plaintiffs purchased property in Westwood, described in their deed as lots 7 and 8 on a recorded plan, they were unaware that in 1970, prior to the passage of the 1975 revision of G. L. c. 40A, including a new § 10,2 a variance had been issued for lot 7. The 1975 revision required a variance to be exercised within a year of its grant.

Discovering the existence of the variance during a refinancing...

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