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HEAVEY v. BOARD OF APPEALS OF CHATHAM

No. 02-P-993.

58 Mass. App. Ct. 401 (2003)

JACK HEAVEY v. BOARD OF APPEALS OF CHATHAM; THOMAS ROBINSON & others, interveners.

Court of Appeals of Massachusetts, Barnstable.

June 27, 2003.

Attorney(s) appearing for the Case

John P. McCormick for the interveners.

Walter H. McLaughlin, Jr., for the plaintiff.

Bruce P. Gilmore, for the defendant, was present but did not argue.

Present: LAURENCE, GELINAS, & MILLS. JJ.

MILLS, J.

In this zoning appeal, G. L. c. 40A, § 17, we affirm a Superior Court judge's determination that two parcels of land in Chatham, separated by a body of water from certain marshland, although in common ownership, are not adjoining so as to defeat the small lot exemption in G. L. c. 40A, § 6, fourth par.,3 from local zoning requirements.

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