Plaintiff Donald J. Piquette filed his unverified complaint on March 15, 2010, appealing, pursuant to the provisions of G. L. c. 41, § 81BB, Defendant Town of Granby Planning Boards (the Planning Board) denial of Plaintiffs approval not required plan (the ANR Plan) pertaining to property located at 288 East Street in Granby, Massachusetts (Locus). Defendants the Town, the Planning Board, and the Board of Selectmen filed their Answer on April 2, 2010. A case management conference was held on April 28, 2010. Plaintiff filed his Motion for Summary Judgment on May 25, 2010, together with supporting memorandum. The Town and the Planning Board filed their Opposition on June 28, 2010. Plaintiff filed his Rebuttal on July 9, 2010. A hearing was held on the motion on October 13, 2010, and the matter was taken under advisement. A decision of todays date (the Decision) has been issued.
In accordance with the Decision, it is:
ORDERED and ADJUDGED that the ANR Plan shows a three-lot division of land in which two meet the dimensional requirements of a valid lot under the Bylaws of the Town of Granby (Bylaws) and the requirements for an exception to the subdivision statute pursuant to G. L. c. 41, § 81L, and the third lot, because it is non-buildable, also meets the requirements for an exception to the subdivision statute.
ORDERED and ADJUDGED the ANR endorsement cannot be withheld from the ANR Plan. I remand this matter to the Planning Board for an endorsement of the ANR Plan.
ORDERED and ADJUDGED that there is no violation of Section 5.41 of the Bylaws.
ORDERED and ADJUDGED that there is no evidence of bad faith or malice on behalf of the Planning Board.
ORDERED and ADJUDGED that Plaintiffs Motion for Summary Judgment is ALLOWED IN PART (with respect to the validity of the ANR Plan), and DENIED IN PART (with respect to the issue of bad faith of the Planning Board).
By the court. (Sands, J.)
[Note 1] Plaintiff originally named as a Defendant Mary McDowell, Mark Bail and Wayne Tack, Sr. as they comprise the Granby Board of Selectmen (the Board of Selectmen), but filed a Motion to Voluntarily Dismiss them as a Defendant on May 25, 2010. It is unclear as to why Plaintiff named the Town of Granby (the Town) as a Defendant.