# Board of Appeals v. Z & K Enterprises, Inc.

> Massachusetts Appeals Court · September 25, 1973 · 1 Mass. App. Ct. 845

URL: https://www.frixlaw.com/law-library/cases/6455201

## Case

- **Full name:** Board of Appeals of Webster v. Z & K Enterprises, Inc.
- **Court:** Massachusetts Appeals Court
- **Decided:** September 25, 1973
- **Citations:** 1 Mass. App. Ct. 845; 301 N.E.2d 578
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6455201

## Opinion text

The appeal to this court is from a final decree of the Superior Court which, in effect, sustained the decision of the board of appeals of the town of Webster (G. L. c. 40A, § 21, as amended through St. 1970, c. 80) denying an application to the board for a special permit (G. L. c. 40A, § 4, as most recently amended by St. 1966, c. 199) to use certain land in the “Agricultural-Single Family Residential” zoning district for a “mobile home park” (see Selectmen of Hatfield v. Garvey, 362 Mass. 821, 824-828 [1973], and cases cited; G. L. c. 140, §§ 32F and 32L, as most recently amended by St. 1964, c. 592, §§ 9 and 14, respectively). The provision of the zoning by-law relied on by the applicant authorizes the board, under stated conditions, to grant a special permit for the use of land in such a district for a “Hotel or Tourist Court” (§6, 2[e]). The proposed use disclosed by the evidence is not comprehended within either of the uses stated in the quoted portion of the by-law. It is not enough that a use for which a special permit is sought be “consistent” or “compatible” with a specific use for which the by-law states such a permit may be granted. General laws c. 40A, §4, requires such a use to be “of a character set forth in ... [the] by-law” (emphasis supplied). See Lawrence v. Board of Appeals of Lynn, 336 Mass. 87, 90 (1957); Gallagher v. Board of Appeals of Falmouth, 351 Mass. 410, 412-414,415-419 (1966); Gallagher v. Selectmen of Falmouth, 352 Mass. 307 (1967). See also Clark v. Board of Appeals of Newbury, 348 Mass. 407, 408-409 (1965).
Final decree of the Superior Court affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6455201. Public record. Not legal advice.