Cricones v. Planning Board of Dracut

In Cricones v. Planning Board of Dracut, 39 Mass. App. Ct. 264, 265, 654 N.E.2d 1204 (1995), the plaintiff wished to divide a parcel into three lots, of which two were labeled non-buildable. The Appeals Court upheld the trial court's reversal of the planning board's denial of an ANR endorsement. Id. at 269. The Appeals Court reasoned that since the proposed division of the parcel did not show the division of land into two or more lots, the plan did not show a subdivision and therefore the board was required to give its endorsement. Id. at 267.