This cause came on to be heard and was argued by counsel, and thereupon, upon consideration thereof, it is
ADJUDGED and ORDERED that there being no substantial detriment to the neighborhood the action of the Marblehead Board of Appeals in granting a special permit to the defendant Duffy for the alteration and extension of a single family structure is valid and the appeal as to it is dismissed; and it is further
ADJUDGED and ORDERED that the provisions of the Marblehead Zoning by-law recognizing special permit for exceptions to the dimensional requirements are not in conflict with the provisions of General Laws Chapter 40A; Edmond v. Board of Appeals of Uxbridge, 27 Mass. App. Ct. 630 (1989), and the special permit granted to said defendant is valid.
By the Court
PATRICIA M. HITCHCOCK vs. DOUGLAS MOXHAM, DAVID F. DELANEY, GEORGE VALLIS, BARBARA SHEFFTZ and JAMES HACKETT, as they are the members of the BOARD OF APPEALS OF THE TOWN OF MARBLEHEAD; THE TOWN OF MARBLEHEAD; and KERRY DUFFY.