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BRITTON v. ZONING BOARD OF APPEALS OF GLOUCESTER

No. 01-P-1145.

59 Mass. App. Ct. 68 (2003)

JOHN PAUL BRITTON & another v. ZONING BOARD OF APPEALS OF GLOUCESTER; DOUGLAS J. ROSS, intervener.

Appeals Court of Massachusetts, Essex.

August 26, 2003.

Attorney(s) appearing for the Case

Linda T. Lowe for the defendant.

Stephen E. Meltzer for the intervener.

J. Michael Faherty for the plaintiffs.

Present: CYPHER, MASON, & McHUGH, JJ.

McHUGH, J.

Concern about precedent and aesthetics led the Gloucester zoning board of appeals (board) to deny the plaintiffs' application under G. L. c. 40A, § 6, for a special permit to build an addition to their nonconforming single-family house on their nonconforming lot. The plaintiffs appealed to Superior Court where, after trial, judgment entered annulling the board's decision and granting their application. The board, joined by an intervener, appeals. We...

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