Berg v. Town of Lexington

The planning board of Lexington approved a “subdivision plan” and a “special permit with site plan review” (special permit) for the construction of residences on three *570parcels of land on a paper street (a street shown on a plan but not built on the ground), and for the development of the street and utilities. Thereafter, the plaintiffs, some of the abutters of the parcels and others also claiming to be aggrieved persons,3 brought this action under G. L. c. 41, § 8IBB,4 and G. L. c. 240, § 14A. They claimed that the parcels were not exempt from current dimensional zoning requirements and that…