Opinion

Waldron v. Board of Appeal

  • 2 Mass. App. Ct. 868
  • 316 N.E.2d 510
Court
Massachusetts Appeals Court
Filed
Sep 16, 1974
Status
Published
Cited by
0 cases
Authority
More cited than 10.8%

The opinion

This is an appeal from a final decree of the Superior Court annulling a decision of the board of appeal of the city of Malden which granted a variance for the remodeling of a home in a residential zoning district to include a beauty parlor. The trial judge ruled that the board had failed to set forth clearly the reasons for its decision as required by G. L. c. 40A, § 18 (see Delgaudio v. Board of Appeals of Medford, 1 Mass. App. Ct. 850 , 851 [1973]) and remanded the case to the board for that purpose. We believe that on this record such remand was within the discretion of the Superior Court. Josephs v. Board of Appeals of Brookline, 362 Mass. 290 (1972). Williams v. Building Commr. of Boston, 1 Mass. App. Ct. 478, 479-480 (1973). See Allen v. Board of Appeals of Fall River, 351 Mass. 714 (1967). The decree is to be modified by striking out paragraphs 1 and 2 thereof and by providing (1) that the board shall set forth clearly its reasons for granting the variance and shall report them to the Superior Court and (2) that the Superior Court shall retain jurisdiction of the case. As so modified the decree is affirmed.

So ordered.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.