Winer v. Zoning Board of Appeals

INTRODUCTION

The plaintiff, Eric J. Winer (Winer), moved this court to enter summary judgment in his favor on an appeal from a decision of the Town of Harwich Zoning Board of Appeals (the Board) upholding the Building Commissioner’s order to cease and desist the operation of a commercial business in a residential zone. The Board contends that the plaintiffs use of the land is primarily residential, but, if it is primarily agricultural, that the use is in part commercial and prohibited by the Town of Harwich Zoning By-laws (the By-laws). Particularly, they argue that if the use is agricultural,…