Smith v. Board of Appeals of Brookline

A final decree was entered in the Superior Court annulling a decision of the board of appeals of Brookline (board) which had denied the plaintiffs appeal from the granting of a building permit by the building commissioner of Brookline. The board, the Brookline Housing Associates (the owner), and James D. Pratt 1 brought this appeal. The trial judge made findings of fact, rulings of law, an order for decree, and a report of material facts. The evidence is reported.

The building which is the subject of this dispute was planned as a nine-story, 411 unit apartment building located at 175 Freeman…