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CARDWELL v. BOARD OF APPEALS OF WOBURN

No. 03-P-338.

61 Mass. App. Ct. 118 (2004)

807 N.E.2d 207

JAMES A. CARDWELL & others, trustees, v. BOARD OF APPEALS OF WOBURN.

Appeals Court of Massachusetts.

May 3, 2004.

Attorney(s) appearing for the Case

Brian W. Blaesser for the plaintiffs.

Steven C. Fletcher (Gary S. Brackett with him) for the defendant.

Present: Cypher, Cowin, & Green, JJ.

Middlesex.

GREEN, J.

At issue in the present case is whether G. L. c. 40B, § 21, entitles an applicant to constructive grant of a comprehensive permit when a zoning board of appeals votes to approve the permit, with conditions, within the forty-day time period prescribed by that section, but does not record its vote in a written decision until after the forty days have elapsed. We conclude that the board...

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