In a recent “unpublished” decision under its Rule 1:28, a panel of the Massachusetts Appeals Court ruled that the West Tisbury Planning Board improperly refused to endorse an “approval not required” (ANR) plan filed under M.G.L. c. 41, § 81P. The board’s refusal to endorse the plan was based on its concern that the landowner was trying to create a buildable lot out of a larger parcel of land subject to use restrictions. The panel concluded that the board misunderstood the effect of an ANR endorsement, noting “Endorsement of such a plan is a routine act, ministerial in character, and constitutes an attestation of compliance neither with zoning requirements nor subdivision conditions.” (emphasis added). The case is Murphy v. Planning Board of West Tisbury (pdf).
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