Garfield v. Board of Appeals of Rockport

The plaintiffs appealed under G. L. c. 40A, § 21, from a decision of the board of appeals (board) of Rockport granting the defendant Michael L. Feldman a variance for the construction of a motor inn in an area zoned for single residence use. A decree was entered sustaining the board’s decision, and the plaintiffs appealed. The judge made a report of material facts which contained careful and detailed findings. The evidence is reported.

The locus consists of 2.66 acres of land in Rockport on which there is a wooden three-story structure built in 1888. The plaintiffs own houses adjacent to the…