Legal Opinion

Cumberland Farms, Inc. v. Planning Board

Massachusetts Appeals Court

Decided August 16, 2005No. 04-P-970Published

1Opinion of the Court

The judge correctly reversed the action of West Bridgewater’s planning board refusing to endorse the plaintiff’s “perimeter plan” under G. L. c. 41, § 8 IP, as one not requiring approval under the Subdivision Control Law. (The parties refer to the plan as a “perimeter plan”; it does, however, alter boundary lines by consolidating several lots owned by the plaintiff into a single lot.) The plaintiff acknowledges that the plan was submitted to forestall application of a proposed zoning provision prohibiting gasoline service stations in the zoning district by invoking the three-year zoning…

2Cases cited9 opinions

  1. Cape Ann Land Development Corp. v. City of GloucesterMassachusetts Supreme Judicial Court · 1976
  2. Stefanick v. Planning BoardMassachusetts Appeals Court · 1995
  3. Long v. Board of Appeals of FalmouthMassachusetts Appeals Court · 1992
  4. Samson v. San-Land Development Corp.Massachusetts Appeals Court · 1984
  5. Wolk v. Planning BoardMassachusetts Appeals Court · 1976

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