SUZANNE M. LUSSIER v. MARK MUNGEAM, RICHARD VANDEN BERG, LINDA BROWN, ROY SWENSON, ERNEST MARKES, JR., EBEN CHEESEBOROUGH, and DAVID ST. GEORGE, as they are members of the TOWN OF DOUGLAS PLANNING BOARD

The Plaintiff, Suzanne M. Lussier, brought this case on September 5, 2008, pursuant to G.L. c. 41, § 81BB. The Complaint states an appeal of the decision of the Town of Douglas Planning Board denying endorsement as “approval not required” under the Subdivision Control Law of a plan submitted by the Plaintiff pursuant to G.L. c. 41, § 81P. The Defendants filed an Answer on September 18, 2008.

On July 27, 2009, the Defendants filed a Motion for Summary Judgment accompanied by a Memorandum of Law in Support of Defendants’ Motion for Summary Judgment, a Statement of Undisputed Material Facts, and a Summary Judgment Appendix containing six affidavits supporting the motion.

On October 19, 2009, the Plaintiff filed an Opposition to Defendants’ Motion for Summary Judgment, including two affidavits, and a Response to Defendants’ Statement of Undisputed Facts.

The parties argued the motion before the Court on October 20, 2009 and those arguments were taken under advisement.

After careful consideration of all of the evidence, the court issued an Order today, allowing the Defendants’ Motion for Summary Judgment.

In accordance with that Order, it is hereby:

ADJUDGED and ORDERED that the Defendants’ Motion for Summary Judgment is ALLOWED;

ADJUDGED and ORDERED that the private way providing frontage to Lot 1 as shown on the Plaintiff’s Plan was not a “way in existence” at the time the Subdivision Control Law became effective in the Town of Douglas; and it is further

ADJUDGED and ORDERED that the decision of the Town of Douglas Planning Board denying endorsement of the Plaintiff’s plan as “approval not required” is AFFIRMED to the extent that the Plaintiff’s plan is not adequately labeled so as to not mislead the public as to the ability to build on the parcels depicted in the plan.

By the court (Trombly, J.).