HAMILTON v. PLANNING BOARD OF BEVERLY

No. 92-P-491.

35 Mass. App. Ct. 386 (1993)

620 N.E.2d 44

KENNETH A. HAMILTON & another, trustees, vs. PLANNING BOARD OF BEVERLY.

Appeals Court of Massachusetts, Essex.

September 28, 1993.


Attorney(s) appearing for the Case

William H. Sheehan, III, for the plaintiffs.

Michael C. Lauranzano, Assistant City Solicitor, for the defendant.

Present: ARMSTRONG, KASS, & LAURENCE, JJ.


KASS, J.

At trial and on appeal, the parties have defined as the question to be decided whether an endorsement on a plan of land by a planning board under G.L.c. 41, § 81P ("subdivision approval not required"), unconditionally entitles the owner of the lots depicted on the plan, assuming building and zoning regulations are otherwise satisfied, to a building permit. A judge of the Superior Court correctly concluded...

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