Arenstam v. Planning Board of Tyngsborough

In Arenstam v. Planning Board of Tyngsborough, 29 Mass. App. Ct. 314, 560 N.E.2d 142 (1990) an approved preliminary plan was followed by a timely filed definitive plan which was disapproved. The zoning by-laws were amended in the interim. The disapproved definitive plan was never appealed. A second definitive plan was filed after the seven month window, and that plan was also disapproved. The lack of an appeal of the first definitive plan was a key difference, and one that kept the second definitive plan outside of the seven month window. In fact, Arenstam points this out: Where a definitive plan is arguably entitled to approval by the planning board, a developer can preserve whatever rights he may have by filing an appeal under G. L. c. 41, 81BB, from a decision by the planning board disapproving the plan. See G. L. c. 40A, 6, par. 7. This remedy, described in 81BB, as appearing in St. 1957, c. 199, 2, as 'exclusive,' would preserve the grandfather protection of 6 if it should be determined that the plan was, in fact, entitled to approval. Id. at 317.