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SPEAR v. BOARD OF APPEALS OF DANVERS

No. 09-P-400.

77 Mass. App. Ct. 220 (2010)

MARK SPEAR v. BOARD OF APPEALS OF DANVERS.

Appeals Court of Massachusetts, Suffolk.

July 8, 2010.

Attorney(s) appearing for the Case

John A. Christopher for the plaintiff.

Bryan R. LeBlanc for the defendant.

Present: RAPOZA, C.J., SMITH, & LENK, JJ.

RAPOZA, C.J.

Today we decide whether a variance granted in 1975 authorizing the use of a barn and adjacent land in Danvers for commercial storage remains in effect in light of subsequent divisions of the property.

Background. The material facts of this case are not in dispute. Mark Spear currently owns property located at 55 Wenham Street in Danvers. The property is located in a Residence III zoning district and contains both a residence and a barn...

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