ROCKWOOD v. SNOW INN CORP.


409 Mass. 361 (1991)

566 N.E.2d 608

GEORGE I. ROCKWOOD, JR., & others vs. THE SNOW INN CORPORATION & another.

Supreme Judicial Court of Massachusetts, Suffolk.

February 20, 1991.


Attorney(s) appearing for the Case

Stephen M. Voltz for the plaintiffs.

Robert D. Hall for The Snow Inn Corporation.

James M. Falla, Town Counsel, for Board of Appeals of Harwich.

James M. Shannon, Attorney General, & Samuel D. Zurier, Assistant Attorney General, for the Commonwealth, amicus curiae, submitted a brief.

Richard S. Emmet, for Conservation Law Foundation of New England, Inc., amicus curiae, submitted a brief.

Present: LIACOS, C.J., WILKINS, ABRAMS, NOLAN, & O'CONNOR, JJ.


O'CONNOR, J.

The board of appeals of Harwich (board) granted The Snow Inn Corporation (Snow Inn) a special permit allowing changes and extensions to structures that preexisted the Harwich zoning by-law and did not fully conform to the by-law's setback requirements. The plaintiffs, neighbors of Snow Inn, appealed the board's decision to the Land Court. A judge of that court affirmed the board's decision, and the plaintiffs appealed. We granted the plaintiffs' application...

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