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CASTLE HILL APARTMENTS LIMITED PARTNERSHIP v. PLANNING BOARD OF HOLYOKE

No. 05-P-43.

65 Mass. App. Ct. 840 (2006)

CASTLE HILL APARTMENTS LIMITED PARTNERSHIP & another v. PLANNING BOARD OF HOLYOKE.

Appeals Court of Massachusetts, Suffolk.

March 31, 2006.

Attorney(s) appearing for the Case

John H. Fitz-Gibbon for the defendant.

Mark W. Corner for the plaintiffs.

Present: Rapoza, Brown, & Graham, JJ.

RAPOZA, J.

In this case we address the reasonableness of a condition imposed by the planning board of Holyoke (board) pursuant to site plan review of Castle Hill Apartments Limited Partnership's (Castle Hill) proposal to construct five multifamily dwellings. The use being one permitted as of right in the relevant zoning district, the board was limited to imposing reasonable conditions on the use. Finding that the...

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