Barberry Homes, Inc. v. Rodenhiser

Garsh, E. Susan, J.

This is an appeal, pursuant to G.L.c. 40A, § 17, from a decision of the Planning Board (the “Board”) for the Town of Medway (the “Town”) to grant a special permit with conditions to Barberry Homes, Inc. (“Barberry”), the plaintiff. Barberry objects to the requirement that it make a mitigation payment to the Town to be used to support construction of an addition to the Town’s Senior Center. For the reasons that follow, the Board’s decision is vacated and the matter is remanded to the Board.

FINDINGS OF FACT

Based on all the credible evidence, which includes oral testimony at…