COHASSET HEIGHTS, LTD. v. ZONING BOARD OF APPEALS OF COHASSET

No. 99-P-595.

53 Mass. App. Ct. 116 (2001)

COHASSET HEIGHTS, LTD. v. ZONING BOARD OF APPEALS OF COHASSET; JOHN K. MCNABB, JR., & others, interveners.

Court of Appeals of Massachusetts, Suffolk.

October 29, 2001.


Attorney(s) appearing for the Case

Michelle N. O'Brien for the plaintiff.

Daniel R. Deutsch for the defendant.

Kevin F. O'Donnell, for the interveners, was present but did not argue.

Present: BROWN, DOERFER, & COHEN, JJ.


DOERFER, J.

The plaintiff, Cohasset Heights, Ltd. (CHL), held a special permit to operate a landfill which was issued but not recorded prior to first publication of notice of a public hearing on an adverse zoning change. A judge of the Land Court ruled that the permit thus did not qualify as a prior nonconforming use. We reverse and hold that under G. L. c. 40A, § 6, the relevant saving event occurred when the special permit issued and not when it was later recorded...

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