Shrewsbury Edgemere Associates Ltd. Partnership v. Board of Appeals

This case raises the following questions concerning construction of G. L. c. 40A (1988 ed.), The Zoning Act, and the zoning by-law of the town of Shrewsbury: (1) whether a use of property which existed prior to the enactment of the zoning by-law, and which would require a special permit under the by-law were it not preexisting, qualifies as a “nonconforming” use for purposes of G. L. c. 40A, § 6, governing extension or alteration of nonconforming uses; and (2) whether a town has authority, under G. L. c. 40A, to require that an application to alter or extend a nonconforming use be treated as…