Johnson v. Connors

Connor, John P., J.

Joseph H. Johnson, Individually and as Trustee of the Peacha West Realty Trust (hereinafter referred to collectively as the plaintiff) filed an application with the Planning Board of the Town of Millbury for a special permit under the Open Space Community (OSC) provisions of the Zoning By-Law (By-Law). He received a response from the town planner claiming that his application was incomplete because it failed to include a request for site plan review under a separate section of the By-Law. The parties have reached a stalemate. The plaintiff has filed a complaint pursuant to…