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ZINCK v. ZONING BOARD OF APPEALS OF FRAMINGHAM

345 Mass. 394 (1963)

187 N.E.2d 665

EARL H. ZINCK & others vs. ZONING BOARD OF APPEALS OF FRAMINGHAM & another.

Supreme Judicial Court of Massachusetts, Middlesex.

February 5, 1963.

Attorney(s) appearing for the Case

Sidney S. von Loesecke (Joseph L. Shea with him) for the plaintiffs.

B. Robert Levin, for the defendant R & S Construction Co., submitted a brief.

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

KIRK, J.

This is a bill in equity under G.L.c. 40A, § 21, by way of an appeal from a decision of the board of appeals of the town of Framingham granting a variance to permit the construction of a nine store shopping center in a residence district where garden apartments were permitted under the zoning by-laws of the town. In the Superior Court, a decree was entered that the board of appeals had not exceeded its authority...

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