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DURKIN v. BOARD OF APPEALS OF FALMOUTH

21 Mass. App. Ct. 450 (1986)

488 N.E.2d 6

JOHN J. DURKIN, JR. vs. BOARD OF APPEALS OF FALMOUTH.

Appeals Court of Massachusetts, Barnstable.

January 21, 1986.

Attorney(s) appearing for the Case

Duane P. Landreth for the plaintiff.

Robert Sweeney Troy, Special Town Counsel, for the defendant.

Present: BROWN, CUTTER, & DREBEN, JJ.

CUTTER, J.

Durkin owns over 22,000 square feet of land (the locus) in Falmouth (the town). The locus now lies in a residential zone, but is adjacent to a business zone. In 1959 the area had been classified as an agricultural zone. The area was changed to a residential zone in 1966.

In 1959, prior to the construction on the locus of a one-story building (to cover an area thirty-six feet deep and forty-six feet wide), the then owner applied for a building permit...

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