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SILVA v. PLANNING BOARD OF SOMERSET

No. 91-P-1293.

34 Mass. App. Ct. 339 (1993)

611 N.E.2d 257

ARTHUR SILVA vs. PLANNING BOARD OF SOMERSET; JOSEPH CABRAL & another, interveners.

Appeals Court of Massachusetts, Bristol.

April 20, 1993.

Attorney(s) appearing for the Case

Carol A. Helliwell for the plaintiff.

John Silvia, Jr., for the interveners.

Clement Brown for the Planning Board of Somerset.

Present: KASS, GILLERMAN, & PORADA, JJ.

PORADA, J.

In this appeal from a judgment of the Superior Court affirming the approval of a two-lot subdivision by the planning board of Somerset (planning board), only two issues are presented: (1) whether the plaintiff owned part of the proposed street shown on the subdivision plan and (2) whether the planning board in approving the subdivision plan had the power to waive a condition imposed by the town's board...

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