KENRICK v. BOARD OF APPEALS OF WAKEFIELD

Nos. 88-P-96 & 88-P-97.

27 Mass. App. Ct. 774 (1989)

543 N.E.2d 437

ALBERT N. KENRICK vs. BOARD OF APPEALS OF WAKEFIELD (and a companion case).

Appeals Court of Massachusetts, Middlesex.

September 15, 1989.


Attorney(s) appearing for the Case

Mario L. Simeola, Town Counsel, for Board of Appeals of Wakefield.

John J. Connolly, Jr., for Albert N. Kenrick.

John F. Foley, Jr., for Better Home Builders, Inc.

Present: ARMSTRONG, SMITH, & FINE, JJ.


ARMSTRONG, J.

These appeals present a single question: if a special permit granting authority continues a hearing on an application for a special permit, does the ninety-day period within which the board is required by G.L.c. 40A, § 9, to file its decision run from the first day of the hearing or from the final day of the hearing? In each of these cases, the Wakefield board of appeals held the hearing open to successive meetings and filed its decision denying...

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