Fitch v. Bd. of Appeals of Concord

The plaintiffs appeal from a judgment of the Land Court, entered after a bench trial, affirming the decision of the Concord board of appeals (board) upholding issuance of a building permit to FCI Investors, Inc. The plaintiffs contend that the judge erred by 1) finding that the carriage house on the property did not lose its protections as a prior nonconforming use as a residence; and 2) in upholding the particular manner in which the board calculated the size of the reconstructed residence that the defendants would be allowed to build.4 We affirm.

Discussion. 1. Continuous nonconforming use.…