McIntyre v. Board of Selectmen of Ashby

To remove sand and gravel from land in a residential-agricultural area of Ashby, an excavator must have two permits: a special permit from the zoning board of appeals (board) granted under the zoning by-law as well as a permit from the defendant boárd of selectmen (selectmen) issued pursuant to the town’s general earth removal by-law. This general by-law was enacted by Ashby under the authority of G. L. c. 40, § 21(17). Although the plaintiffs received a special permit from the board, the selectmen denied their application for the permit under the general by-law. They found that the noise and…