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PLANNING BOARD OF BRAINTREE v. DEPT. OF PUB. UTILITIES

420 Mass. 22 (1995)

PLANNING BOARD OF BRAINTREE & others vs. DEPARTMENT OF PUBLIC UTILITIES & another.

Supreme Judicial Court of Massachusetts, Suffolk.

April 11, 1995.

Attorney(s) appearing for the Case

Bryan J. Stevens for Edwin Pinola & another.

Eric A. Smith, Assistant Attorney General, for Department of Public Utilities.

Alan K. Posner for Braintree Electric Light Department.

Phyllis Field, for Planning Board of Braintree, was present but did not argue.

Present: LIACOS, C.J., ABRAMS, NOLAN, LYNCH, & O'CONNOR, JJ.

ABRAMS, J.

A single justice of this court has reserved and reported this case concerning the correctness of the Department of Public Utilities's (department's) decision to grant the Braintree Electric Light Department (BELD) an exemption from the zoning by-law for its new electric substation. See G.L.c. 40A, § 3 (1992 ed.). BELD is a municipal electric department established by two successive town votes in 1891 pursuant to St. 1891, c. 370, § 2. It is located...

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