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SCOTT v. BOARD OF APPEAL OF WELLESLEY

356 Mass. 159 (1969)

248 N.E.2d 281

DANA W. SCOTT & another vs. BOARD OF APPEAL OF WELLESLEY & others.

Supreme Judicial Court of Massachusetts, Norfolk.

June 5, 1969.

Attorney(s) appearing for the Case

Albert Auburn for the plaintiffs.

Henry D. White for James H. Odell & another (Harry E. Warren, for the Board of Appeal of Wellesley, with him).

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

WHITTEMORE, J.

The Wellesley board of appeal and the judge in the Superior Court ruled that a permit for a swimming pool at 69 Forest Street, Wellesley, in the side and front yards of the residence of the plaintiffs, Dana W. Scott and Lois L. Scott, was issued in violation of the zoning by-law. He ruled that under the by-law the pool is a "structure" requiring front and side yards.

The swimming pool as constructed in accordance with the permit is at the side...

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