Case law

Arenstam v. Planning Board

29 Mass. App. Ct. 314 · Massachusetts Appeals Court · Oct 1, 1990

Green v. Board of Appeal of Norwood, 358 Mass. 253 , 257 n.4 (1970)(a case in which the issue before us was alluded to but not decided). … As to the relevance generally of zoning considerations to subdivision plan approval, see Canter v. Planning Bd. of Westborough, 4 Mass. App. Ct. 306 , 309 n.1 (1976).

Czyoski v. Planning Board

77 Mass. App. Ct. 151 · Massachusetts Appeals Court · Jun 29, 2010

See Kourouvacilis v. … See Krafchuk v.

Robinson v. Planning Board

6 Mass. App. Ct. 835 · Massachusetts Appeals Court · Jan 31, 1978

We need not consider whether the judge was correct in *836 ruling that the meeting of the defendant board was an "emergency” meeting as defined by G. … See Abbene v. Election Commrs. of Revere, 348 Mass. 247, 250-251 (1964). The judge had discretion to invalidate or not (Nantucket Land Council, Inc. v. Planning Bd. of Nantucket, 5 Mass. App.

Retirement Board of Andover v. Contributory Retirement Appeal Board

15 Mass. App. Ct. 1003 · Massachusetts Appeals Court · Apr 29, 1983

The ruling was reversed by the Contributory Retirement Appeal Board (CRAB). … In the light of Gannon v. Contributory Retirement Appeal Bd., 338 Mass. 628, 632 (1959), and Boston Retirement Bd. v. McCormick, 345 Mass. 692, 695-696 (1963), we stated in State Retirement Bd. v.

Sergi v. Planning Board

60 Mass. App. Ct. 918 · Massachusetts Appeals Court · Mar 31, 2004

This is so even if the original decision of the planning board was invalid. See Campanelli, Inc. v. Planning Bd. of Ipswich, 358 Mass. 798 (1970); Marino v. Board of Appeal of Beverly, 2 Mass. App. Ct. 859 (1974). Cf. … Co. v. Board of Appeals of Hingham, 3 Mass. App. Ct. 446 , 459 n.12 (1975). John C. Webster, III, for the plaintiff. Hrant H. Russian for the defendants.

Wolk v. Planning Board

4 Mass. App. Ct. 812 · Massachusetts Appeals Court · May 28, 1976

The planning board’s endorsement under G. … See Ward & Johnson, Inc. v. Planning Bd. of Whitman, 343 Mass. 466, 467 (1962); Doliner v. Planning Bd. of Millis, 349 Mass. 691, 696-697 (1965); Chira v. Planning Bd. of Tisbury, 3 Mass. App. Ct. 433, 437 (1975).

Sullivan v. Planning Board

38 Mass. App. Ct. 918 · Massachusetts Appeals Court · Feb 1, 1995

Co-stanza & Bertolino, Inc. v. Planning Bd. of N. Reading, 360 Mass. 677, 679 (1971). A planning board’s rejection of a proposed subdivision must be based on particular subdivision regulations, MP Corp. v. … It would not, however, prohibit a planning board’s reasonable regulation of adequate access to a subdivision. See McDavitt v. Planning Bd. of Winchester, 2 Mass. App. Ct. 806, 807 (1974). See also Patel v.

Nyhan v. Retirement Board

39 Mass. App. Ct. 914 · Massachusetts Appeals Court · Sep 26, 1995

On June 12, 1991, Nyhan applied to the Lawrence retirement board (board) for an increase in his retirement benefits under G. … Nyhan appealed from the board’s decision to the Contributory Retirement Appeal Board (CRAB), but that appeal was dismissed for lack of jurisdiction. See Glorioso v.

Dennis v. Planning Board

71 Mass. App. Ct. 179 · Massachusetts Appeals Court · Feb 6, 2008

Stoner v. … “Presumably a planning board may not without good reason rescind approval of a definitive plan.” Young v. Planning Bd. of Chilmark, 402 Mass. 841, 846 (1988).

Terrill v. Planning Board

71 Mass. App. Ct. 171 · Massachusetts Appeals Court · Feb 6, 2008

Bank v. Dawes, 369 Mass. 550, 553-554 (1976). … See Stoner v. Planning Bd. of Agawam, 358 Mass. 709, 714 (1971). The board belatedly wrote to the bank on February 19, 2004, requesting its consent so the board could proceed with the rescission.

Croteau v. Planning Board

40 Mass. App. Ct. 922 · Massachusetts Appeals Court · Apr 19, 1996

See Subaru of New England, Inc. v. Board of Appeals of Canton, 8 Mass. App. Ct. 483 , 488 n.7 (1979). … , arbitrary, whimsical, or capricious, see also Harris v.

Kupperstein v. Planning Board

66 Mass. App. Ct. 905 · Massachusetts Appeals Court · Apr 10, 2006

See Kay-Vee Realty Co. v. Town Clerk of Ludlow, 355 Mass. 165 (1969); Lutheran Service Assn. of New England, Inc. v. Metropolitan Dist. Commn., 397 Mass. 341, 344 (1986); Foley v. … Commonwealth, 437 Mass. 1016, 1017 (2002); Zaltman v. Town Clerk of Stoneham, 5 Mass. App. Ct. 248, 251 (1977); J & R Inv., Inc. v. City Clerk of New Bedford, 28 Mass. App. Ct. 1, 6-8 (1989). Compare Craig v.

Bucci v. Planning Board

4 Mass. App. Ct. 775 · Massachusetts Appeals Court · Feb 10, 1976

L. c. 41, § 81BB” praying “[t]hat the approval of the Planning Board in granting the subdivision to Respondent Batter be annulled,” the defendant planning board, with the consent of John F. Batter, Jr., and Rosemary A. … See Marino v. Board of Appeal of Beverly, 2 Mass. App. Ct. 859, 860 (1974). See also Stoner v. Planning Bd. of Agawam, 358 Mass. 709, 710 (1971); Bigham v. Planning Bd. of No. Reading, 362 Mass. 860 (1972).

Ball v. Planning Board

58 Mass. App. Ct. 513 · Massachusetts Appeals Court · Jul 9, 2003

The board also contends that there exists a contradiction between Sturdy v. Planning Bd. of Hingham, 32 Mass. App. … See, e.g., Gifford v. Planning Bd. of Nantucket, 376 Mass. 801, 807 (1978); Perry v. Planning Bd. of Nantucket, 15 Mass. App. Ct. 144, 150 (1983); Hutchinson v. Planning Bd. of Hingham, 23 Mass. App.

Lynch v. Planning Board

4 Mass. App. Ct. 781 · Massachusetts Appeals Court · Feb 17, 1976

Ct. 747, 748 [1975]), and the board’s determination thereafter that the plan did require such approval was without legal effect (Cassani v. Planning Bd. of Hull, 1 Mass. App. Ct. 451, 453-458 [1973]). … Nor need we consider the board’s claim, based on Pieper v.

Kelley v. Planning Board

6 Mass. App. Ct. 24 · Massachusetts Appeals Court · Jan 30, 1978

Cas-sani v. Planning Board of Hull, 1 Mass. App. Ct. 451, 456-457 (1973). … Planning Board of Hull, 1 Mass. App. Ct. at 456-457 ; Devine v. Town Clerk of Plymouth, 3 Mass. App. Ct. 747 (1975).

Driscoll v. Board of Trustees

70 Mass. App. Ct. 285 · Massachusetts Appeals Court · Sep 27, 2007

The school admits boys and girls in kindergarten through grade twelve and offers boarding for students in the upper school (grades nine through twelve). The upper school has approximately 680 students. … The complaint alleges, however, that “[sjtudents in grades 9 through 12 — over and under 16 years old, day students and boarding students — freely and regularly had sex ... on campus.”

Silva v. Planning Board

34 Mass. App. Ct. 339 · Massachusetts Appeals Court · Apr 20, 1993

Murphy v. Mart Realty of Brockton, Inc., 348 Mass. 675, 677-679 (1965). LeBlanc v. Board of Appeals of Danvers, 32 Mass. App. Ct. 760 , 764 n.7 (1992). … The plaintiff argues that the board did not have the authority to waive a *344 condition imposed for the grant of a variance by the board of appeals under the town’s zoning by-law. See Arrigo v.

Malaguti v. Planning Board

3 Mass. App. Ct. 797 · Massachusetts Appeals Court · Dec 31, 1975

The record indicates that the trial judge did not err in finding that not every lot had frontage on a public way, that the way in question was inadequate for vehicular traffic (see Rettig v. … See Caruso v. Planning Bd. of Revere, 354 Mass. 569, 571 (1968), and United Reis Homes, Inc. v. Planning Bd. of Natick, 359 Mass. 621, 624 (1971).

Seguin v. Planning Board

33 Mass. App. Ct. 374 · Massachusetts Appeals Court · Oct 6, 1992

Mendes v. Board of Appeals of Barnstable, 28 Mass. App. Ct. 527, 531 (1990). … Compare Emond v. Board of Appeals of Uxbridge, 27 Mass. App. Ct. 630, 631-632 (1989).