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BARBATO v. BOARD OF APPEAL OF CHELSEA

355 Mass. 264 (1969)

244 N.E.2d 308

JOSEPH BARBATO, JR. vs. BOARD OF APPEAL OF CHELSEA.

Supreme Judicial Court of Massachusetts, Suffolk.

January 31, 1969.

Attorney(s) appearing for the Case

Samuel Leader (John F. Donovan, Sr., with him) for the plaintiff.

Alexander E. Finger, City Solicitor, for the defendant.

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

SPIEGEL, J.

This is a bill in equity by way of an appeal under G.L.c. 40A, § 21, from a decision of the board of appeal of the city of Chelsea (board) sustaining the building inspector's denial of a building permit. Both parties appealed from a final decree upholding the decision of the board. The judge filed "Findings, Rulings and Order" and the evidence is reported.

We summarize the pertinent findings of the...

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