Cumberland Farms, Inc. v. Zoning Board of Appeals

The landowner, Cumberland Farms, Inc. (CFI), appeals from a Land Court judgment which affirmed, on a zoning appeal pursuant to G. L. c. 40A, § 17, the decision of the zoning board of appeals of Walpole (board). The board denied CFI’s requests for special permits to alter and extend CFI’s nonconforming use of its property (locus) for the storage and retail sale of gasoline. On appeal, CFI asserts that (1) its use of the locus is protected by the ten-year “statute of limitations” in G. L. c. 40A, § 7; (2) its use is, in any event, nonconforming *125and subject to the protection of G. L. c. 40A, §…