Approval May Not Be Required, But Sufficient Plans Are

Meadow Wood LLC v. City of Brockton, 230 N.E.3d 1065 (Mass. App. Ct. 2024)

The Massachusetts Appeals Court recently interpreted G. L. c. 41, § 81P, which governs "approval not required" endorsements.

In Meadow Wood, a developer sought approval for a planned development to be located in Brockton. The developer submitted a plan to the Planning Board of Brockton, which depicted a way running to Brockton's border with West Bridgewater and three buildable lots abutting the way. The Board approved the plan, but subject to the way terminating in a cul-de-sac rather than the West Bridgewater town line. The developer then withdrew the original plan and submitted a revised plan, which retained the road terminating at the city border (without a cul-de-sac), and asserted that the revised plan was entitled to an "approval not required" ("ANR") endorsement because it did not show a subdivision on account of certain land shown on the plan being unbuildable. The Board denied