On May 30, 2007, Plaintiff commenced this action under G. L. c. 41, § 81BB, by filing a verified complaint through which Plaintiff seeks to obtain the Chilmark Planning Boards endorsement on a March 26, 2007 plan entitled Plan of Land in Chilmark, Mass. Prepared for Robert P. Bigelow by Schofield, Barbini & Hoehn, Inc. (Plan). The Plan shows a division of Plaintiffs property into two unbuildable lots. In counts 1 and 2, Plaintiff seeks to annul the Boards action, reflected in two letters to Plaintiff. In count 3, Plaintiff seeks a declaration that the Plan has been constructively endorsed as not requiring approval under the subdivision control law.
On December 10, 2007, Defendant moved for summary judgment on all counts of Plaintiffs Amended Complaint, and Plaintiff filed a cross-motion. Prior to the summary judgment hearing, Plaintiff dropped Count 3, thereby removing from this case Plaintiffs request for a declaration that the Plan had been constructively approved.
On February 12, 2008, the cross-motions for summary judgment were heard by this court. A decision of todays date has issued in Plaintiffs favor. In accordance with that decision, it is hereby
ADJUDGED and ORDERED that the action of the Chilmark Planning Board embodied in two letters dated May 15 and 16, 2007, is annulled and Plaintiff is entitled to an ANR Endorsement of the Plan under G. L. c. 41, § 81P, which the Board shall provide forthwith. The No damages are awarded to any party.
By the court (Scheier, C.J.)
Attest:
Deborah J. Patterson
Recorder
Dated: July 11, 2008
ROBERT P. BIGELOW v. RICHARD OSNOSS, RUSSELLWALTON, JOHN FLENDER, WILLIAM MEEGAN, MITCHELL POSIN, JANET WEIDNER, and TIMOTHY LASKER, as they are members of the Planning Board of the Town of Chilmark, and THE PLANNING BOARD OF THE TOWN OF CHILMARK