Massachusetts Supreme Judicial Court May 2, 1972 (Malcomb v. Board of Appeals)

Malcomb and his wife appealed (G. L. c. 40A, § 21) from a majority decision (four to one) of the town’s board of appeals (the board) granting a permit (G. L. c. 40A, § 4) for the use as a gasoline station of land (the locus) in a business district on Boston Road. The zoning by-law, § IV, 4 (a), allows by special permit the construction of such a station “if determined by the [bjoard ...