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TITCOMB v. BOARD OF APPEALS OF SANDWICH

No. 04-P-1352.

64 Mass. App. Ct. 725 (2005)

RALPH TITCOMB & others v. BOARD OF APPEALS OF SANDWICH & others.

Appeals Court of Massachusetts, Barnstable.

October 7, 2005.

Attorney(s) appearing for the Case

Jonathan D. Fitch for Christy's of Cape Cod, Inc., & another.

Jane E. Estey for the plaintiffs.

Present: Greenberg, Beck, & Berry, JJ.

GREENBERG, J.

Upon review, under G. L. c. 40A, § 17, of a grant by the board of appeals of Sandwich of a special permit for change or alteration of an existing nonconforming use under the Sandwich zoning by-law, a judge of the Superior Court concluded that the board's decision disclosed an error of law. In addition, the judge concluded that the proposed use would be substantially more detrimental than the existing nonconforming use to the neighborhood. He reversed...

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