Parker v. Black Brook Realty Corp.
Parker v. Black Brook Realty Corp.
Opinion of the Court
Abutters appealed approvals of a definitive subdivision plan of land located partly in the town of Mention and partly in the town of Hopedale. A Land Court judge determined that the subdivision proponent, Black Brook Realty Corporation (Black Brook), did not have the legal right to use certain of the land that provided access from the exterior of the subdivision to the nearest adjacent public way. Black Brook appeals the judg
Black Brook requested from the Mention and Hopedale planning boards their approvals of a forty-two lot subdivision that was located partly in each town. As shown on the sketch in the Appendix to this opinion, the plan contains two connection points of its interior ways with Overdale Parkway (parkway), a roadway exterior to the subdivision and owned by the town of Hopedale, though not established as a public way. Black Brook intended to reach the closest public way, Freedom Street, exclusively by way of the parkway. The two boards approved the subdivision. The Hopedale board did not consider the abutters’ objection that Black Brook had no legal right to use the parkway. That board commented that “[tjhis is a legal issue and will not be determined by the [bjoard.” The abutters appealed pursuant to G. L. c. 41, § 81BB, and a Land Court judge annulled the decisions of both boards after determining that Black Brook lacked the legal right to use at least the unpaved portion of the parkway, an essential component of the subdivision’s proposed access to Freedom Street.
The judge noted that the rules and regulations of neither board expressly require that the applicant have rights in the adjacent ways if they are necessary components of the proposed access to public ways. He considered whether the absence of such regulations made consideration of legal access ultra vires to the boards’ evaluation and approval of the plan. He concluded that this case, like Beale v. Planning Bd. of Rockland, 423 Mass. 690, 694-697 (1996) (Beale), is an exception to Castle Estates, Inc. v. Park & Planning Bd. of Medfield, 344 Mass. 329, 334 (1962) (Castle Estates), and that the general purposes clause in G. L. c. 41, § 81M, provides authority for the boards, and the reviewing court, to consider Black Brook’s legal right to the access road outside the subdivision, even absent express regulation. We agree.
Castle Estates reiterated that planning board regulations must be “comprehensive, reasonably definite, and carefully drafted, so that owners may know in advance what is or may be required of them and what standards and procedures will be applied to them.” 344 Mass, at 334. The court said that “[wjithout such
Judgments affirmed.
The court reserved the question whether inadequacy of a public way alone could justify disapproval of a subdivision plan. North Landers Corp. v. Planning Bd. of Falmouth, 382 Mass. at 437 n.6. Here, of course, there is no contention that the parkway is public, and indeed, Black Brook has no legal right to its use.
Reference
- Full Case Name
- Lynn H. Parker & others v. Black Brook Realty Corporation
- Cited By
- 1 case
- Status
- Published