Denying Definitive Subdivision Plan Appeal In Massachusetts
The trust insists that both planning boards and boards of health do not have the authority to deny definitive subdivision plans based upon hazardous waste concerns.
For authority, the trust cites Massachusetts Broken Stone Company v. Planning Bd. of Weston, 45 Mass. App. Ct. 738, 701 N.E.2d 664 (1998) and MP Corp. v. Planning Bd. of Leominster, 27 Mass. App. Ct. 812, 545 N.E.2d 44 (1989).
Further, the trust claims the Massachusetts Contingency Plan is a comprehensive and clearly articulated regulatory scheme relating to pesticide residues such as those found at Brooks Orchard. See generally. the arguments of the trust are misplaced.
In Wendall v. Attorney General, 394 Mass. 518, 476 N.E.2d 585 (1985), the Court concluded that a local by-law impermissibly frustrated the identifiable purpose of G. L. c. 132B. 394 Mass. at 523.
The Court found that with the enactment of the Massachusetts Pesticide Control Act the legislature intended to preempt the field by enacting a comprehensive plan concerning the distribution of pesticides. Id. at 525-526.