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CHELMSFORD v. DiBIASE

370 Mass. 90 (1976)

345 N.E.2d 373

TOWN OF CHELMSFORD & others vs. ELIO DiBIASE & another, trustees, & others (and a companion case).

Supreme Judicial Court of Massachusetts, Middlesex.

April 6, 1976.

Attorney(s) appearing for the Case

Charles G. Kadison, Jr. (Louis N. Levine with him) for Elio DiBiase & another, trustees, & another.

Clement McCarthy, Town Counsel, for the town of Chelmsford & another.

Danielle E. deBenedictis, Special Assistant Attorney General, for the Housing Appeals Committee in the Department of Community Affairs.

Present: REARDON, BRAUCHER, KAPLAN, & WILKINS, JJ.

BRAUCHER, J.

An application was filed with the board of appeals of Chelmsford (board) for a comprehensive permit to build low and moderate income housing on a tract of about forty-eight acres, pursuant to G.L.c. 40B, §§ 20-23, inserted by St. 1969, c. 774, § 1, sometimes called the Anti-Snob Zoning Act. See Rodgers, Snob Zoning in Massachusetts, 1970 Ann. Surv. Mass. Law § 18.2. Shortly thereafter a special...

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