Spear v. Board of Appeals

Today we decide whether a variance granted in 1975 authorizing the use of a bam and adjacent land in Danvers for commercial storage remains in effect in light of subsequent divisions of the property.

Background. The material facts of this case are not in dispute. Mark Spear currently owns property located at 55 Wenham Street in Danvers. The property is located in a Residence III zoning district and contains both a residence and a bam. The property has been in Spear’s family for several generations and had been used as a farm. In 1975, Spear’s grandfather sought and obtained a use variance to…