Zukis v. Town of Fitzwilliam

The defendants, the Town of Fitzwilliam and the Fitzwilliam Planning Board (the Town), appeal the decision of the Superior Court (Groff, J.) reversing the Town’s denial of the plaintiff’s request for subdivision approval on the basis that the proposed subdivision was premature. The Town raises three issues on appeal. First, it argues that the trial court erred in ruling that the proposed subdivision was not premature, because it relied on the fact that the poor condition of the access roads and the related safety problems were created long before the plaintiff applied for subdivision…