Kinchla v. Board of Appeals

This is an appeal by the board of appeals of Falmouth (board) from a judgment of the Superior Court annulling the board’s decision to deny a special permit to build an outdoor swimming pool adjacent to the Sheraton Inn in Falmouth, a motel owned and operated by Gifford Realty Trust. We reverse.

Under G. L. c. 40A, § 21, as in effect prior to St. 1975, c. 808, § 3, and its successor, G. L. c. 40A, § 17, a decision of the board “[could] be disturbed only if it [was] based on ‘a legally untenable ground’ ... or [was] ‘unreasonable, whimsical, capricious, arbitrary.’” Gulf Oil Corp. v. Board of…