Clarke v. Board of Appeals of Nahant

The plaintiff owns a lot of land at 289 Castle Road, Nahant (hereinafter called No. 289), containing 2,766 square feet. In the rear of No. 289 is a “substantial” stone wall which separates No. 289 from a parcel at 21 Bay View Avenue (known as lot No. 19) owned by the plaintiff’s father, who also owned No. 289 prior to his conveyance of that lot to the plaintiff on July 17, 1957. Lot No. 19, on which stands a single dwelling, is in elevation considerably above No. 289 and “is to all appearances a separate lot,” although it adjoins No. 289 at the latter’s westerly corner for 13.41 feet. The…