COSTANZA & BERTOLINO v. Planning Bd. of North Reading

This is an appeal brought under the provisions of the Subdivision Control Law, G. L. c. 41, §§ 81K to 81GG. Pursuant to the provisions of G. L. c. 41, § 81P, the plaintiff, on April 3, 1969, submitted to the defendant a plan (hereinafter referred to as the Costanza plan) and requested that it be indorsed, “Approval Under the Sub division Control Law is Not Required." On that day, the planning board by a vote of its members declined to make the indorsement. The plaintiff appealed the action of the board to the Superior Court under G. L. c. 41, § 81BB. After a trial and a report of material…