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WELCH-PHILIPPINO v. ZONING BOARD OF APPEALS OF NEWBURYPORT

No. 13-P-1586.

86 Mass. App. Ct. 258 (2014)

CYNTHIA WELCH-PHILIPPINO & another v. ZONING BOARD OF APPEALS OF NEWBURYPORT & others.

Appeals Court of Massachusetts, Suffolk.

September 9, 2014.

Attorney(s) appearing for the Case

Kevin W. Lawless for Cynthia Welch-Philippino.

Ryan P. McManus ( Diane C. Tillotson with him) for Port Associates Limited Partnership & another.

Present: GRASSO, VUONO, & RUBIN, JJ.

GRASSO, J.

Cynthia Welch-Philippino (Philippino) appeals from a Land Court judgment determining that the planned reconstruction of a nursing home (the project) by Port Associates Limited Partnership and Whittier Health Network, Inc. (the defendants), is permissible as of right under G. L. c. 40A, § 6. Philippino principally challenges the trial judge's ruling that a dimensionally conforming commercial structure is not, by virtue of its employment for a nonconforming...

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