HUTCHINSON v. PLANNING BOARD OF HINGHAM


23 Mass. App. Ct. 416 (1987)

502 N.E.2d 572

DIANE F. HUTCHINSON, trustee, vs. PLANNING BOARD OF HINGHAM.

Appeals Court of Massachusetts, Plymouth.

January 15, 1987.


Attorney(s) appearing for the Case

Chester A. Janiak for the defendant.

F. Anthony Mooney for the plaintiff.

Present: DREBEN, KAPLAN, & SMITH, JJ.


DREBEN, J.

This is an appeal by the planning board of Hingham (board) from a judgment of the Superior Court (G.L.c. 41, § 81BB) annulling a decision of the board which had refused an "approval not required" endorsement under G.L.c. 41, § 81P. We affirm.

The plan submitted by the plaintiff landowner divided a 17.74 acre parcel on Lazell Street in Hingham into five lots. The parties had stipulated that Lazell Street is a public way "used by the public...

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