Wine v. Planning Board

This appeal brings before us issues concerning the denial by the planning board (board) of Newburyport (city) of the application for approval of a subdivision plan submitted to the board in 2002 by the plaintiffs (applicants). The basis for the board’s denial was its determination that the intersection of the proposed private way leading to High Street, a public way, *522violated the city’s centerline offset requirement (offset requirement)2 and that a waiver of that requirement should not be granted. On the applicants’ appeal to the Superior Court pursuant to G. L. c. 41, § 81BB, the judge,…