Brockton Public Market, Inc. v. Board of Appeals of Sharon
| Citation | 260 N.E.2d 222,357 Mass. 783 |
| Parties | BROKTON PUBLIC MARKET, INC. v. BOARD OF APPEALS OF SHARON. |
| Decision Date | 11 June 1970 |
| Court | United States State Supreme Judicial Court of Massachusetts |
Robert I. Kalis, Foxboro, for plaintiff.
Manuel Katz, Boston, for defendant.
Before WILKINS, C.J., and CUTTER, KIRK, SPIEGEL, and QUIRICO, JJ.
RESCRIPT.
This is an appeal from a final decree of the Superior Court that the board of appeals of the town of Sharon did not exceed its authority in denying a special permit for the construction of 'a gasoline filling station within a parking lot of a shopping center in a Business District zone.' 'The evidence * * * consisted of five exhibits, one of which is a (s)tipulation.' The parties also orally agreed on an additional fact. The trial judge's ruling that the plaintiff does not have 'an absolute right to a special permit' is correct. Gulf Oil Corp. v. Board of Appeals of Framingham, 355 Mass. 275, 277, 244 N.E.2d 311, 313. Likewise, there was no error in holding that the refusal to grant a special permit did not require detailed findings by the board of appeals. Ferrante v. Board of Appeals of Northampton, 345 Mass. 158, 162, 186 N.E.2d 471.
Decree affirmed.
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...In general, refusal to grant a special permit does not require detailed findings by the board. Brockton Pub. Mkt. Inc. v. Board of Appeals of Sharon, 357 Mass. 783, 260 N.E.2d 222 (1970). But we stand by our decision in MacGibbon I, reaffirmed in MacGibbon II that 'before we can pass on the......
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