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Appeals court hears challenge to Fairhaven planning board’s denial of subdivision amid Board of Health timing dispute
Summary
A developer appealed a summary-judgment affirmance of a planning-board denial, arguing the planning board closed the hearing and denied the application before the Board of Health completed a review and before the board properly considered the applicant’s responses to peer-review comments.
The Appeals Court heard arguments May 5 in a land‑use appeal by Robert Rodriguez challenging the Fairhaven planning board’s denial of a definitive subdivision plan and the Superior Court’s grant of summary judgment in favor of the town’s boards.
Jonathan Silverstein, representing Rodriguez, told the panel that the planning board closed the public hearing and voted to deny on Jan. 14, 2020, without reviewing the applicant’s engineer’s responses to final peer‑review comments (submitted that same day) and while a scheduled Board of Health meeting to review the plans remained…
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