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ZASKEY v. TOWN OF WHATELY

No. 01-P-682.

61 Mass. App. Ct. 609 (2004)

JOSEPH C. ZASKEY v. TOWN OF WHATELY & others.

Appeals Court of Massachusetts, Suffolk.

August 17, 2004.

Attorney(s) appearing for the Case

Wendy H. Sibbison for the plaintiff.

Patricia A. Cantor (Joel B. Bard with her) for the defendants.

Present: ARMSTRONG, C.J., DREBEN, & BERRY, JJ.

ARMSTRONG, C.J.

In December of 1988, Joseph C. Zaskey, a landowner in the town of Whately, submitted an application to the local planning board seeking an endorsement, under G. L. c. 41, § 81P, that the board's approval was not required on his plan showing a division of his property into four lots. His four lots had both frontage on Chestnut Mountain Road and total acreage sufficient to comply with the Whately zoning by-law.

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