Arrigo v. Planning Bd. of Franklin

In Arrigo v. Planning Bd. of Franklin, 12 Mass. App. Ct. 802, 429 N.E.2d 355 (1981), the planning board, pursuant to G. L. c. 41, s. 81R, waived compliance with the zoning code's requirement that all lots have 200 feet of frontage, and approved a definitive subdivision plan showing lots with 186.71 feet of frontage. Id. The Appeals Court held that the waivers were valid for approval of the subdivision, however, the approved subdivision did not impart zoning compliance to the lots. That required a variance (which had been applied for and denied) for the lots on the plan to become buildable. Id. The Arrigo court reasoned that "There is no sound reason why the approval of a plan under the Subdivision Control Law . . . should preclude a building inspector or board of appeals from performing their statutory duties of requiring adherence to the town's zoning by-law . . . asa condition of buildability." Id. at 808-09.