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SHERMAN v. BOARD OF APPEALS OF WORCESTER

354 Mass. 133 (1968)

235 N.E.2d 800

JOSEPH SHERMAN & others vs. BOARD OF APPEALS OF WORCESTER & another.

Supreme Judicial Court of Massachusetts, Worcester.

April 3, 1968.

Attorney(s) appearing for the Case

Harry Zarrow (Edward D. Simsarian with him) for the plaintiffs.

William T. Buckley for WNEB, Inc. (Henry P. Grady, Assistant City Solicitor, for the Board of Appeals of Worcester, with him).

Present: WILKINS, C.J., WHITTEMORE, CUTTER, KIRK, & SPIEGEL, JJ.

CUTTER, J.

The plaintiffs by this bill in equity (G.L.c. 40A, § 21, as amended) seek to set aside a decision of the Worcester board of appeals granting a variance to WNEB, Inc. (WNEB), with respect to 5.61 acres of unimproved land (the locus). The locus is in an RS-7 Residential district. WNEB proposes to use the land for a radio tower 200 feet high and for a small building (for transmitting equipment) occupying ground space of eighteen feet by twelve feet. The...

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