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the Property, contained 110 lots.7 Mr. Sullivan subsequently
revised his initial plan and testified that the Property could be
subdivided into 114 house lots. All petitioner's experts relied
on this final version of the subdivision plan.
Respondent's Experts
Respondent presented the valuation opinion of Jonathan H.
Avery, a certified general real estate appraiser in the
Commonwealth. Mr. Avery submitted a report dated September 22,
1995, which valued the Property at $7.5 million as of October 29,
1986. On October 23, 1995, Mr. Avery updated his report to
reflect changes made to the subdivision plan that he originally
relied upon. As a result of these changes, Mr. Avery increased
his estimate of the Property's fair market value from $7.5
million to $8.3 million.
Warren F. Flint, Jr., prepared both subdivision plans that
Mr. Avery relied upon. Mr. Flint is the president and owner of
Matlock Associates, a land planning and design firm in Lincoln
Center, Massachusetts. Although Mr. Flint has had some formal
training in drafting subdivision plans and is also a registered
landscape architect in the Commonwealth, he is not qualified to
approve plans in the town of Framingham and has never submitted a
subdivision plan to the Framingham Planning Board.
7Mr. Handverger's first valuation report was based on the
initial subdivision plan prepared by Mr. Sullivan.
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