Hamilton v. Planning Board of Beverly

At trial and on appeal, the parties have defined as the question to be decided whether an endorsement on a plan of land by a planning board under G. L. c. 41, § 8IP (“subdivision approval not required”), unconditionally entitles the owner of the lots depicted on the plan, assuming building and zoning regulations are otherwise satisfied, to a building per mit. A judge of the Superior Court correctly concluded the answer to that question is: “no.” We summarize the facts which the parties have agreed upon.

In March, 1982, the planning board of Beverly approved a subdivision plan entitled Bates…