Fox v. Planning Board of Milton

The plaintiff (Fox) owns a parcel of land in Milton that abuts the land taken by the Metropolitan Park Commission in 1904 to construct the Neponset Valley Parkway. Proposing to divide the parcel into four lots, each with the frontage required by the Milton zoning by-law (150 feet) on the parkway land, Fox submitted a plan to the planning board for endorsement under G. L. c. 41, § 81P, that approval was not required. The plan shows that the four lots are separated from the paved portion of the parkway by approximately 175 feet, the average width at that point of a green belt that borders the…