Pendergast v. Board of Appeals

This is a bill in equity under G. L. (Ter. Ed.) c. 40, § 30, as appearing in St. 1933, c. 269, § 1, as amended *556by St. 1935, c. 388, § 2,1 by way of appeal from a decision of the board of appeals refusing to grant to the plaintiff a variance, special permit, or "special exception” for a beach house or bath house for commercial purposes at Craigville Beach in an area zoned for residence purposes. The court ordered the board to grant a variance, and the board appeals to this court. The evidence is reported.

At the very outset we are confronted by a question of the construction of that paragraph…