Conroy v. Conservation Commission
Massachusetts Appeals Court
1Opinion of the CourtRubin, J.
This case arises from the denial of a permit to Katherine Conroy (plaintiff) by the defendant conservation commission (commission) of the town of Lexington (town) under the town’s general by-law for wetland protection (by-law) and the rules adopted thereunder by the commission (rules).
I
The plaintiff sought to construct a single-family house on a *55317,700 square foot undeveloped lot in Lexington. The lot is bisected by a stream which the Department of Environmental Protection (DEP) has classified as an intermittent stream, and a protected resource under the Wetlands Protection Act, G. L. c. 131, §…
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