In Nexum Development Corp. v. Planning Board of Framingham, the plaintiff developer challenged the defendant planning board’s denials of the developer’s applications for subdivision approval and for a cluster development special permit. The Appeals Court affirmed the Superior Court’s denial of the developer’s appeal. The Appeals Court held that, although the planning board failed identify its reasons for the denials as required by M.G.L. 40A, § 15 and M.G.L. c. 41, § 81U, a remand would be futile. In the court’s view, the developer’s application had to be denied because it failed to comply with the applicable bylaw’s requirements of a Title 5 soils test on each lot, and certain board of health conditions regarding the water supply.
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