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WESTBOROUGH v. DEPARTMENT OF PUBLIC UTILITIES

358 Mass. 716 (1971)

267 N.E.2d 110

TOWN OF WESTBOROUGH vs. DEPARTMENT OF PUBLIC UTILITIES & others.

Supreme Judicial Court of Massachusetts, Suffolk.

February 19, 1971.

Attorney(s) appearing for the Case

Robert J. Gallagher, Town Counsel, for the Town of Westborough.

Joseph L. Tauro (Richard J. Ferriter with him) for the Penn Central Transportation Company.

Robert H. Quinn, Attorney General, & Charles K. Mone, Assistant Attorney General, for the Department of Public Utilities, submitted a brief.

Present: CUTTER, SPIEGEL, REARDON, & QUIRICO, JJ.

CUTTER, J.

The town appeals (G.L.c. 25, § 5, as amended) from a decision of the department exempting (see G.L.c. 40A, § 10) about 46.8 acres of land (the locus), from the provisions of the town's zoning by-law, at the request of Penn Central Transportation Company (Penn Central). The locus adjoins Penn Central's northerly property line for about 4,157 feet. Penn Central intends to install on the locus 35,900 feet...

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