Kelloway v. Board of Appeal of Melrose

The petitioners seek relief by certiorari and also by a bill in equity under G. L. c. 40A, § 21, from the granting by the board of appeal to the Melrose Housing Authority (the Authority) of a variance for the construction of an apartment complex (the project) to provide accommodations for the elderly. The Authority (G. L. c. 121, § 26S, as amended through St. 1964, c. 636, § 7; and now by St. 1969, c. 751, § 1, transferred to G. L. c. 121B, § 28) is subject to local zoning provisions. A variance was necessary to permit the project to be carried out,, because there would be violation of the…