Legal Opinion

Rhoads v. Blume

Massachusetts Appeals Court

Decided February 16, 1979Published

1Opinion of the Court

The evidence adduced in the Superior Court was insufficient to warrant a finding that pursuit of the occupation proposed to be instituted in the barn would constitute a "use ... clearly incidental and secondary to the use of the premises for residential... purposes,” as required by § V A 9 a of the zoning by-law. See Needham v. Winslow Nurseries, Inc., 330 Mass. 95, 101 (1953) ("An incidental... *864use under a zoning law is a use which is dependent on or pertains to the principal or main use”); Harvard v. Maxant, 360 Mass. 432, 438 (1971). Contrast Sacco v. Inspector of Bldgs, of Brockton, 3…

2Cases cited3 opinions

  1. Town of Harvard v. MaxantMassachusetts Supreme Judicial Court · 1971
  2. Town of Needham v. Winslow Nurseries, Inc.Massachusetts Supreme Judicial Court · 1953
  3. Sacco v. Inspector of BuildingsMassachusetts Appeals Court · 1975

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