Titcomb v. Board of Appeals

Upon review, under G. L. c. 40A, § 17, of a grant by the board of appeals of Sandwich of a special permit for change or alteration of an existing nonconforming use under the Sandwich zoning by-law, a judge of the Superior Court concluded that the board’s decision disclosed an error of law. In addition, the judge concluded that the proposed use would be substantially more detrimental than the existing nonconforming use to the neighborhood. He reversed the board’s grant of the special permit to the defendants, and the defendants appeal.

1. Background. We set the scene, based on stipulations of…