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Hrenchuk v. Planning Board of Walpole

Appeals Court of Massachusetts
Dec 31, 1979
397 N.E.2d 1292 (Mass. App. Ct. 1979)

Summary

In Hrenchuk v. Planning Bd. of Walpole, 8 Mass. App. Ct. at 949, the frontage on the public way was on a limited access highway "and the boundaries of the plaintiff's proposed lots... provide[d] no means of vehicular passage between the highway and any of the lots.

Summary of this case from Hutchinson v. Planning Board of Hingham

Opinion

December 31, 1979.

Bernard J. Monbouquette for the plaintiff.

Alphonse W. Query, Jr., Town Counsel, for the defendant.


The trial judge was not in error in dismissing the plaintiff's appeal from the defendant's refusal to endorse his plan as not requiring its approval as a subdivision under G.L.c. 41, § 81P, as appearing in St. 1963, c. 363, § 1.

Although all the lots within the tract abut a public way, that way, Interstate Highway 95, is a limited-access highway, and the boundaries of the plaintiff's proposed lots thereon provide no means of vehicular passage between the highway and any of the lots. They can be reached only by use of a thirty-foot wide private way leading to a full-access public way upon which only one of the nine lots fronts. The required access must take the form of (1) frontage on one of the three types of ways specified in G.L.c. 41, § 81L, as amended through St. 1965, c. 61, and (2) a planning board's determination under § 81P that adequate access, as contemplated by § 81M, otherwise exists. Gifford v. Planning Bd. of Nantucket, 376 Mass. 801, 807 (1978). The frontage required by § 81L is impliedly frontage providing access to one of the types of ways specified in ( a) through ( c) of that provision. Because the plaintiff's lots do not have access to the highway they abut, they do not have frontage on any way for the purposes of § 81L. It follows that the plan required the defendant's approval as a subdivision.

Judgment affirmed.


Summaries of

Hrenchuk v. Planning Board of Walpole

Appeals Court of Massachusetts
Dec 31, 1979
397 N.E.2d 1292 (Mass. App. Ct. 1979)

In Hrenchuk v. Planning Bd. of Walpole, 8 Mass. App. Ct. at 949, the frontage on the public way was on a limited access highway "and the boundaries of the plaintiff's proposed lots... provide[d] no means of vehicular passage between the highway and any of the lots.

Summary of this case from Hutchinson v. Planning Board of Hingham

In Hrenchuk, we held that access was not adequate for purposes of the statute where it was not possible for vehicles to reach the interstate highway on which the lots fronted.

Summary of this case from Perry v. Planning Board of Nantucket

equating abutting with access

Summary of this case from Orcutt v. Board of Health of Webster, No

stating frontage requirement not met because no physical access from public way to lots

Summary of this case from Fulgoni v. Coote, No
Case details for

Hrenchuk v. Planning Board of Walpole

Case Details

Full title:JOHN S. HRENCHUK vs. PLANNING BOARD OF WALPOLE

Court:Appeals Court of Massachusetts

Date published: Dec 31, 1979

Citations

397 N.E.2d 1292 (Mass. App. Ct. 1979)
397 N.E.2d 1292

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