Opinion
February 3, 1967.
The case was submitted on briefs.
William A. Torphy, Frank M. Silvia, Jr., Frederic J. Torphy for the defendants de Arruda.
Charles I. Tucker James T. Waldron for the plaintiff.
This is an appeal from a final decree of the Superior Court annulling a decision of the board of appeals of the city of Fall River which granted a variance for the construction of a gasoline service station on land in a general residential zoning district. The trial judge ruled that the board "fails to state the existence of each of the prerequisites to the granting of a variance." G.L.c. 40A, § 15. We agree and see no need to repeat the legal principle involved in this case. Barnhart v. Board of Appeals of Scituate, 343 Mass. 455.
Decree affirmed.