Smalley v. Planning Board of Harwich

This is an appeal (G. L. c. 41, § 81BB) by the planning board of Harwich (board) from a judgment annulling its decision refusing an endorsement under G. L. c. 41, § 81P, 1 that “approval under the subdivision control law [was] not required” (a § 81P endorsement) on a plan submitted on March 20, 1978, by the plaintiff, dividing into two lots a tract of land which she owns in Harwichport (locus). (The board filed its decision of refusal with the town clerk on March 24, 1978.) The judgment also declared that the owner was entitled to the endorsement. The case was tried on a “Statement of Agreed…