Moncy v. Planning Board

The sole issue in this case is whether Bates Lane, laid out by the selectmen of the town of Scituate in 1725 as a “highway,” is a public way under the Subdivision Control Law. If so, then a plan of land depicting a lot with the required frontage under the Scituate zoning law submitted by the plaintiff to the planning board (board) was entitled, to be endorsed “approval under the subdivision control law not required.” The *716board had denied the endorsement based on lack of substantive proof that Bates Lane is a public way as that term is used in G. L. c. 41, § 81L. The plaintiff appealed the…