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McINTYRE v. BOARD OF SELECTMEN OF ASHBY

No. 90-P-349.

31 Mass. App. Ct. 735 (1992)

584 N.E.2d 1137

DAVID L. McINTYRE & others vs. BOARD OF SELECTMEN OF ASHBY & another; PAUL MURRAY & others, interveners.

Appeals Court of Massachusetts, Middlesex.

January 6, 1992.

Attorney(s) appearing for the Case

Louis N. Levine (F. Alex Parra with him) for the plaintiffs.

Arthur P. Kreiger for Paul Murray & others.

C. Deborah Phillips, Town Counsel, for Board of Selectmen of Ashby & another.

Present: BROWN, PERRETTA, & PORADA, JJ.

PERRETTA, J.

To remove sand and gravel from land in a residential-agricultural area of Ashby, an excavator must have two permits: a special permit from the zoning board of appeals (board) granted under the zoning by-law as well as a permit from the defendant board of selectmen (selectmen) issued pursuant to the town's general earth removal by-law. This general by-law was enacted by Ashby under the authority of G.L.c. 40, § 21(17). Although the plaintiffs received...

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