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MICHAELS v. ZONING BOARD OF APPEALS OF WAKEFIELD

No. 07-P-199.

71 Mass. App. Ct. 449 (2008)

MARGARET MICHAELS & others v. ZONING BOARD OF APPEALS OF WAKEFIELD & another.

Appeals Court of Massachusetts, Suffolk.

March 27, 2008.

Attorney(s) appearing for the Case

Philip B. Posner for the plaintiffs.

Joseph B. Harrington for Lakeside Cemetery Corporation.

Present: LENK, BROWN, & McHUGH, JJ.

McHUGH, J.

Lakeside Cemetery Corporation (Lakeside) owns a cemetery in Wakefield, where it seeks to build a crematorium in the basement of a building that now houses a chapel. To accomplish that goal, Lakeside sought a "finding" from the zoning board of appeals of Wakefield (board) that the crematorium would not be substantially more detrimental to the neighborhood than the existing, nonconforming cemetery use.

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