CUMBERLAND FARMS, INC. v. PLANNING BOARD OF WEST BRIDGEWATER

No. 04-P-970.

64 Mass. App. Ct. 902 (2005)

CUMBERLAND FARMS, INC. v. PLANNING BOARD OF WEST BRIDGEWATER.

Appeals Court of Massachusetts.

August 16, 2005.


Attorney(s) appearing for the Case

Maureen A. Lee for the defendant.

Richard C. Dailey (Amy L. Hanson with him) for the plaintiff.


The judge correctly reversed the action of West Bridgewater's planning board refusing to endorse the plaintiff's "perimeter plan" under G. L. c. 41, § 81P, as one not requiring approval under the Subdivision Control Law. (The parties refer to the plan as a "perimeter plan"; it does, however, alter boundary lines by consolidating several lots owned by the plaintiff into a single lot.) The plaintiff acknowledges that the plan was submitted to forestall application of a...

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