In this action, Plaintiff Dew Development, LLC (Dew Development) appeals, pursuant to G.L. c. 41, § 81BB, the November 13, 2006 decision of the Town of Bridgewater Planning Board (the Board) disapproving the Plaintiffs application to develop a seven-lot subdivision, to be known as Dew Drop Estates. The Boards decision recited three reasons for denying subdivision approval. On January 11, 2008, the Court (Lombardi, J.) issued an Order allowing summary judgment in the Plaintiffs favor as to two of the three reasons for disapproval recited by the Board. The Judge, however, denied summary judgment to both parties as to the validity of the third reason, leaving for trial the single issue of whether the Plaintiffs proposed subdivision plan complies with the minimum sight distance requirement contained in the Bridgewater Subdivision Rules and Regulations.
The trial on the remaining issue was held on August 3, 2010. For the reasons set forth in the Decision issued by the Court (Cutler, J.) on April 22, 2011, the Plaintiff has failed to meet its burden to establish that the Plan it submitted to the Board complied with the minimum 200-foot sight distance requirement set forth in Section IV.C.4 of the Boards Subdivision regulations, as cited as reason No. 2 in the Boards decision. Therefore, where the Plan plainly shows less than 200 feet of sight distance in at least one respect, and because the Plaintiff did not request or receive a waiver from the minimum sight distance requirement, this court will not disturb the Boards decision denying subdivision approval.
Accordingly, the Plaintiffs Complaint is hereby DISMISSED.
SO ORDERED.
By the court (Cutler, J.)
DEW DEVELOPMENT, LLC, 1380 BEDFORD STREET, BRIDGEWATER, MA 02324 v. TOWN OF BRIDGEWATER PLANNING BOARD, STEPHEN ELLIOT, ROBERT IAFREATE, THOMAS PRATTI AND DENNIS KEOUGH, AS MEMBERS OF THE BRIDGEWATER PLANNING BOARD