Massachusetts Appeals Court Rules That Absolute Majority of Planning Board Required for Endorsement of ANR Plan

The Appeals Court of Massachusetts has ruled that an affirmative vote of a majority of all the members of a planning board, not just a majority of those present and voting, is required to endorse an approval not required (ANR) plan under Chapter 41, Section 81P. At issue was whether an approval not required plan submitted for endorsement to a planning board under Section 81P required an affirmative vote of the majority of the board or whether a majority of a quorum would suffice.