Moore v. Cataldo

The plaintiffs appeal from a final decree sustaining a decision of the board of appeals (board) of Lexington granting a special permit to two of the defendants. The judge, who took a view of the area involved, made a report of material facts. The evidence is reported.

The defendant Ray Howland, Jr., on behalf of himself and his partner, the defendant Robert Cataldo, filed a petition with the board for permission to build and operate a nursing home on a parcel of land of eleven acres located on Bryant and Emerson roads. This land, which is in a single family residential district, is bounded on…