Silva v. Planning Board

In this appeal from a judgment of the Superior Court affirming the approval of a two-lot subdivision by the planning board of Somerset (planning board), only two issues are presented: (1) whether the plaintiff owned part of the proposed street shown on the subdivision plan and (2) *340whether the planning board in approving the subdivision plan had the power to waive a condition imposed by the town’s board of appeals for the issuance of a variance for the premises. The Superior Court judge found that the plaintiff did not own any portion of the proposed street and that the planning board could…