CARPENTER v. ZONING BOARD OF APPEALS OF FRAMINGHAM


352 Mass. 54 (1967)

223 N.E.2d 679

JACK W. CARPENTER & others vs. ZONING BOARD OF APPEALS OF FRAMINGHAM & others.

Supreme Judicial Court of Massachusetts, Middlesex.

February 13, 1967.


Attorney(s) appearing for the Case

John M. Kahn for the plaintiffs.

William J. McCluskey for Catalina Swim Club, Inc.

Present: WILKINS, C.J., SPALDING, CUTTER, KIRK, & REARDON, JJ.


REARDON, J.

This is a bill in equity under G.L.c. 40A, § 21, by way of an appeal from a decision of the zoning board of appeals of Framingham (board) upholding the granting of a building permit to the defendant Catalina Swim Club, Inc. (Catalina) for the construction of a swimming pool, locker room, and attendant facilities in a single residence district in that town. The plaintiffs, who at the time the bill was brought were homeowners in the immediate vicinity...

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