Craig v. Planning Bd. of Haverhill

In Craig v. Planning Bd. of Haverhill, 64 Mass. App. Ct. 677, 679, 835 N.E.2d 270 (2005), an abutter's appeal was dismissed as untimely because a constructive approval had occurred upon the passing of the original ninety-day window, despite the existence of a signed extension agreement between the planning board and applicant. That extension agreement was never filed with the clerk's office, and therefore did not affect the ninety-day deadline upon which constructive approval would occur. In Craig, the minutes of the planning board meeting reflected the agreement of those present as to an extension, and those minutes were filed with the clerk's office. The signed extension form, however, was not filed. 64 Mass. App. Ct. at 680. Therefore, the board's subsequent "final decision" was a legal nullity and had no effect on the appeals period.