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BIOTTI v. BOARD OF SELECTMEN OF MANCHESTER

Nos. 86-503, 86-504, 86-505, 86-506 & 86-520.

25 Mass. App. Ct. 637 (1988)

521 N.E.2d 762

JOSEPH BIOTTI, JR., & others, trustees. vs. BOARD OF SELECTMEN OF MANCHESTER (and four companion cases).

Appeals Court of Massachusetts, Essex.

April 19, 1988.

Attorney(s) appearing for the Case

Loyd M. Starrett (Matthew D. Baxter & David M. McCarthy with him) for the plaintiffs.

Elizabeth A. Lane for Board of Selectmen of Manchester & another.

James T. Ronan & Mary P. Harrington, for James Osborne & another, submitted a brief.

Present: BROWN, WARNER, & FINE, JJ.

BROWN, J.

Since at least 1980, Masconomo Realty Trust (Masconomo) and its predecessor, Bass River Realty Trust, have carried on earth removal operations on a parcel near Atwater Avenue in the town of Manchester, purportedly in preparation for construction of office buildings.4 The parcel is located in an area of the town designated as a "limited commercial" district. The operation includes the excavation of rock through blasting and the...

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