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FITZSIMONDS v. BOARD OF APPEALS OF CHATHAM

21 Mass. App. Ct. 53 (1985)

484 N.E.2d 113

GEORGE H. FITZSIMONDS & another vs. BOARD OF APPEALS OF CHATHAM.

Appeals Court of Massachusetts, Barnstable.

October 22, 1985.

Attorney(s) appearing for the Case

Russell N. Wilkins for the plaintiffs.

Frank J. Shealey, Town Counsel (Craig S. Johnson with him) for the defendant.

Present: GRANT, KAPLAN, & DREBEN, JJ.

KAPLAN, J.

The plaintiffs George and Delores Fitzsimonds, husband and wife, owners of a summer house in South Chatham, appeal from a judgment of the Superior Court which affirms a decision of the defendant board of appeals of Chatham (board) refusing them a special permit to make certain alterations of the house. We vacate the judgment so that the matter may be reconsidered by the board.

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