Blackman v. Board of Appeals of Barnstable

This is a bill in equity under G. L. (Ter. Ed.) c. 40A, § 21, inserted by St. 1954, c. 368, § 2, by way of appeal from a decision of the board of appeals granting a variance for the erection of a bath house for commercial purposes at Craigville Beach. The bill is brought by three owners of residential property abutting the area in question. One Pendergast, the owner of the property involved, was permitted to intervene. The judge entered a decree to the effect that the board of appeals did not exceed its authority in granting the variance. From this decree the plaintiffs appealed. The evidence…