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SELECTMEN OF AYER v. PLANNING BOARD OF AYER

3 Mass. App. Ct. 545 (1975)

336 N.E.2d 388

BOARD OF SELECTMEN OF AYER vs. PLANNING BOARD OF AYER & others (and two companion cases).

Appeals Court of Massachusetts, Middlesex.

October 23, 1975.

Attorney(s) appearing for the Case

Harry H. Caviston & Thomas E. Lilly, Town Counsel, for the Board of Selectmen of Ayer & others.

J. Owen Todd (James C. Donnelly, Jr., with him) for Breakthrough Corp. & another.

Robert U. Holden for the Planning Board of Ayer.

Present: HALE, C.J., GRANT, & ARMSTRONG, JJ.

ARMSTRONG, J.

These three cases, two of which were consolidated for trial, involve attempts by two corporate developers to subdivide two parcels of land in the town of Ayer and to build multiple-unit residential buildings thereon. The developers filed preliminary subdivision plans on January 20, 1972, and March 3, 1972, which the planning board "voted to accept" on April 18, 1972. The definitive plans which evolved...

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