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GALLITANO v. BD. OF SURVEY PLANNING OF WALTHAM

10 Mass. App. Ct. 269 (1980)

407 N.E.2d 359

LEO GALLITANO & another vs. BOARD OF SURVEY AND PLANNING OF WALTHAM.

Appeals Court of Massachusetts, Middlesex.

July 14, 1980.

Attorney(s) appearing for the Case

Robert J. Brophy, Assistant City Solicitor, for the defendant.

Peter B. Collins for the plaintiffs.

Present: ARMSTRONG, BROWN, & KASS, JJ.

ARMSTRONG, J.

The plaintiffs, Leo and Mary Gallitano, own a parcel of land in Waltham containing 7.048 acres and numbered 595 Beaver Street. On January 28, 1979, they submitted to the defendant board a plan showing a four-way division of the parcel, requesting that it be endorsed under G.L.c. 41, § 81P, as a plan not requiring approval. After a hearing the board, on February 9, 1979, declined to give the requested endorsement. The Gallitanos

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