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Zoning Bulletin October 25, 2014 1 Volume 8 I Issue 20 <br />Case Note: <br />The court noted in its decision that it was "deeply concerned that, by not <br />specifying, with particularity, the deficiencies found in the petition, the <br />Board of Elections [left] the door open to sidelining a referendum petition <br />until it [was] too late to refer it to referendum. "Still, the court found there <br />was no evidence that that occurred here. The court also noted its "reserva- <br />tions about whether the law concerning the substance of the Election <br />Director's determination and notification adequately serves a necessary <br />and vital public procedure. " Nevertheless, here, the court found that the <br />"misrepresentations in the petition were . . . so manifest and substantial <br />that it [would be] inconceivable that [the Citizens] did not know that their <br />summary was not a fair and accurate representation of the contested pro- <br />visions of the ordinance." <br />Nonconforming Uses Property <br />owner proposes replacing old, <br />conforming structure with <br />modernized, conformin • <br />structure <br />Abutting property owners contends that <br />because conforming structure is used for <br />nonconforming use, the structure <br />replacement is subject to regulation <br />Citation: Welch-Philippino v. Zoning Bd. of Appeals of Newbury - <br />port, 86 Mass. App. Ct. 258, 15 N.E.3d 265 (2014) <br />MASSACHUSETTS (09/09/14)—This case addressed the issue <br />of whether or not the replacement of a conforming structure devoted <br />to a nonconforming use that does not result in a change or substantial <br />extension of the use is permissible as of right under the state zoning <br />statute governing existing structures and uses. <br />The Background/Facts: Port Associates Limited Partnership <br />and Whittier Health Network, Inc. ("Port and Whittier") owned a <br />100-bed nursing home facility (the "Facility") in Newburyport, <br />2014 Thomson Reuters 5 <br />