BUILDING INSPECTOR OF TEWKSBURY v. ROCCO, 12 Mass. App. Ct. 1014 (1981)

Appeals Court of Massachusetts.
August 31, 1981.

The order adopting the master’s report and the judgment are reversed. The case is remanded to the Superior Court: (1) for the making of detailed subsidiary findings (by the master or by the court, as the latter shall determine) (a) as to the uses which were made of each portion of the defendant’s property on the effective date of the 1947 zoning by-law, (b) as to the location and approximate size of each such portion on that date, (c) as to the uses which are now being made of each portion of the defendant’s property, (d) as to the location and approximate size of the portions in (c) above, and (e) as to the nonconforming use provisions of the 1947 zoning bylaw, as from time to time amended; (2) for consideration by the court of the findings required by (1) above in light of all the relevant principles of law; and (3) for the entry of a new final judgment in light of (1) and (2) above.