SMI INVESTORS v. PLANNING BOARD OF TISBURY


18 Mass. App. Ct. 408 (1984)

466 N.E.2d 525

SMI INVESTORS (DELAWARE), INC. vs. PLANNING BOARD OF TISBURY. (and two companion cases).

Appeals Court of Massachusetts, Dukes County.

July 30, 1984.


Attorney(s) appearing for the Case

Kevin F. Moloney (Bernard A. Dwork with him) for the plaintiff.

Carmen L. Durso for the defendants.

Christopher S. Pitt (Douglas A. Randall with him) for the intervener.

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


ARMSTRONG, J.

In 1973 the plaintiff's predecessors in title (the Chiras) were granted a special permit by the Tisbury board of appeals to develop their 107-acre tract bordering on Lake Tashmoo as a cluster development. The planning board disapproved the subdivision plan, however, on the ground that the proposed 150-dwelling unit development exceeded the density requirement of a 1973 amendment to the zoning by-law (50,000 square feet per lot). Litigation followed,...

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