Legal Opinion

Krafchuk v. Brooks

Massachusetts Superior Court

Decided March 10, 2006No. 2003249BPublished

1Opinion of the Court

Welch, Richard E., J.

INTRODUCTION

This appeal from the Ipswich Planning Board’s approval of a subdivision plan for an approximately 23-acre parcel at 18 Heartbreak Road pits various long-time residents of Heartbreak Road against their neighbors Edward and Anna Fagan. The Ipswich Planning Board approved this subdivision only after lengthy and somewhat tortured proceedings. Initially the Planning Board rejected the preliminary subdivision plan. When a definitive subdivision plan was filed, the Planning Board held extensive hearings but did not act upon it within the required 90 days. By statute…

2Cases cited18 opinions

  1. Marashlian v. Zoning Board of AppealsMassachusetts Supreme Judicial Court · 1996
  2. Arrigo v. Planning Board of FranklinMassachusetts Appeals Court · 1981
  3. Fairbairn v. Planning Board of BarnstableMassachusetts Appeals Court · 1977
  4. Green v. Board of Appeal of NorwoodMassachusetts Supreme Judicial Court · 1970
  5. Massachusetts Broken Stone Co. v. Town of WestonMassachusetts Supreme Judicial Court · 2000

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