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Article: Stable permitted accessory use in residential district.(Slants & Trends)
- Article from:
- Land Use Law Report
- Article date:
- December 3, 2003
CopyrightCOPYRIGHT 2003 Eli Research, Inc. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Keeping three horses used for pleasure riding in a stable on residential-zoned land was a permissible accessory use, the Massachusetts Appeals Court has ruled (Simmons v. Zoning Board of Appeals of Newburyport, No. 01-P-1164, Nov. 14, 2003).
Thomas and Gertrude Jones stable three horses on their 2.4-acre lot located in the R-2 district of Newburyport. Their neighbors, Thomas and Annette Simmons, complained to the town that keeping horses in a residential district was an impermissible agricultural and accessory use of the property. The building inspector rejected their complaint. The zoning board of appeals upheld the building inspector's action, and on appeal, ...