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LAKESIDE BUILDERS, INC. v. PLANNING BOARD OF FRANKLIN.

No. 00-P-1700.

56 Mass. App. Ct. 842 (2002)

LAKESIDE BUILDERS, INC., & another v. PLANNING BOARD OF FRANKLIN & others.

Court of Appeals of Massachusetts, Suffolk.

December 27, 2002.

Attorney(s) appearing for the Case

Mark C. O'Connor for the plaintiffs.

Mark J. Lanza, Town Attorney, for the defendants.

Present: CYPHER, MCHUGH, & KAFKER, JJ.

CYPHER, J.

Lakeside Builders, Inc. and Mastro Co., Inc. (collectively Lakeside) appeal from a Land Court judgment upholding the decision of the Franklin Planning Board (the board) to disapprove Lakeside's definitive subdivision plan. In September, 1997, Lakeside filed an application for approval of a definitive subdivision plan. Lakeside proposed to subdivide a seventeen acre parcel of land (locus) into eight lots. Lakeside sought four waivers from the board's subdivision...

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