Fairbairn v. Planning Bd. of Barnstable

In Fairbairn v. Planning Bd. of Barnstable, 5 Mass. App. Ct. 171, 360 N.E.2d 668 (1977), the Barnstable planning board gave as one of its reasons for disapproving a definitive subdivision plan that "the proposed entrance onto Route 6A constitutes a dangerous and hazardous intersection which would present a danger to life and limb in the operation of motor vehicles." Id. at 179. The plaintiffs in Fairbairn argued the planning board's reason was "not grounded on any provision of the planning board's rules and regulations." Id. In striking this reason down, the court held: "We have studied with some care the portions of the rules and regulations which might be thought to have some bearing on the problems of traffic safety at the intersection of a public way with any of the ways to be laid out in a proposed subdivision. Although those rules and regulations are obviously directed to 'reducing danger to life and limb in the operation of motor vehicles'..., we find no statement or evidence of a 'reasonably definite'... intention on the part of the planning board to 'lessen congestion...in the adjacent public ways' or to 'coordinate the ways in a subdivision...with the public ways in the...town' within the meaning of G. L. c. 41, 81M." Id.