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JACK v. BOARD OF APPEAL OF BOSTON

15 Mass. App. Ct. 311 (1983)

445 N.E.2d 184

ANDREW JACK, individually and as trustee, & others vs. BOARD OF APPEAL OF BOSTON & another.

Appeals Court of Massachusetts, Suffolk.

February 15, 1983.

Attorney(s) appearing for the Case

Alanna G. Cline for Reservoir Gardens Condominium Trust & another.

Andrea Mintz for Patricia Wright.

Robert Muldoon, Jr., for Jerome Rappaport.

William H. Smith, Corporation Counsel, for Board of Appeal of Boston, joined in a brief.

Andrew Stockwell-Alpert, for Brighton-Allston Condominium Owners Association, amicus curiae, submitted a brief.

Present: HALE, C.J., CUTTER, & SMITH, JJ.

CUTTER, J.

The board of appeal of Boston (the board, see St. 1956, c. 665, §§ 8 & 9) granted, with respect to property at 2000 Commonwealth Avenue in the Brighton district of Boston, three zoning variances to a defendant, Mr. Jerome Rappaport (the developer), an attorney engaged in land development. The developer had sought the variances in order to construct a sixteen-story apartment house on a parcel of some 29,000 square feet (the locus), adjacent...

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