McDavitt v. Planning Board

This is an appeal from a decree of the Superior Court adjudging as valid a decision of the planning board of the town of Winchester (the board), disapproving (G. L. c. 41, § 81U) the plaintiffs’ plan for the subdivision of land described as “Parcel A.” The case was tried on a statement of agreed facts constituting a case stated. Parcel A is the remainder of the plaintiffs’ rectangular thirteen and one-half acre tract, three-quarters of which had previously, with the board’s approval, been subdivided into nine lots. Under the approved plan the tract was bisected by a private way known as…