McCarthy v. Board of Appeals of Ashland

This is a bill in equity by way of an appeal under G. L. c. 40A, § 21, by the trustees of the Lakeridge Realty Trust from a decision of the board of appeals of the town of Ashland (board) sustaining the building inspector’s denial of a building permit. The board appealed from a final decree annulling its action and directing the issuance of the building permit. The judge filed “Findings, Rulings and Order for Decree” which he subsequently adopted as a report of material facts. The evidence is reported.

The specific lot in question was at one time one of nine lots comprising a tract of land…