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SEGUIN v. PLANNING BOARD OF UPTON

No. 90-P-1431.

33 Mass. App. Ct. 374 (1992)

600 N.E.2d 185

THOMAS J. SEGUIN & another vs. PLANNING BOARD OF UPTON.

Appeals Court of Massachusetts, Worcester.

October 6, 1992.

Attorney(s) appearing for the Case

Richard Yospin for the plaintiffs.

Michael P. Duffy, Town Counsel, for the defendant.

Present: ARMSTRONG, PERRETTA, & GREENBERG, JJ.

ARMSTRONG, J.

The Seguins, owners of a one-acre lot fronting on a paved public way, seeking to divide the lot into two lots for single-family residences, applied for and were granted a variance from the 100-foot frontage requirement of the Upton zoning by-law. One of the two lots was to have frontage of exactly that length; the other would have a 98.44-foot frontage. Armed with the variance from the zoning board of appeals, the Seguins submitted a plan to the

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