Hutchinson v. Planning Board

This is an appeal by the planning board of Hingham (board) from a judgment of the Superior Court (G. L. c. 41, § 81BB) annulling a decision of the board which had refused an “approval not required” endorsement under G. L. c. 41, § 81P. We affirm.

The plan submitted by the plaintiff landowner divided a 17.74 acre parcel on Lazell Street in Hingham into five lots. The parties had stipulated that Lazell Street is a public way “used by the public and maintained by the Town of Hingham,” that the zoning requirements in that zone for single family resi*417dences are “40,000 square feet in area and 150…