Ploski v. Zoning Board of Appeals of Somerset

The zoning board of appeals of the town of Somerset (board) granted a variance to the plaintiff and her husband (who has since died) permitting the construction of a proposed building closer to the rear boundary line of the premises than otherwise permitted by the *875zoning by-law. The variance was granted subject to the restriction that "no restaurant or grocery/variety store be operated on the premises.” The board’s decision was appealed to the District and Superior Courts pursuant to G. L. c. 40A, § 21 (as in effect prior to St. 1975, c. 808, § 3). The plaintiff now appeals from a judgment…