Board of Appeals of Dedham v. Corporation Tifereth Israel

This is an appeal by the board from a judgment entered in the Superior Court which removed a condition imposed by the board on a special permit it had granted to the defendant. We reverse. In 1973 the defendant sought a special permit, pursuant to Section II, 2B(4), of the town’s by-laws, allowing it to use two parcels within a tract of land in Dedham as a cemetery. The permit was granted on condition that the defendant would not use Ware Street, a private way, for access to the cemetery. See G. L. c. 40A, § 4, as in effect prior to St. 1975, c. 808, § 3. In 1974 the defendant requested the…