This action, filed in this court June 19, 2006, is an appeal, pursuant to G.L. c. 40A, § 17, from a decision (Decision) of the Town of Brewster Zoning Board of Appeals (Board), whose members are defendants. The Decision was filed with the Town Clerk on June 1, 2006.
The Decision concerns vacant land located at 45 Doran Drive in Brewster, Barnstable County, Massachusetts owned by defendant Lucille M. Owocki (Owocki). After she obtained a building permit, some of the plaintiffs appealed to the Board, asking it to overturn the issuance of the building permit to Owocki, which was for the construction of a single-family home on the land. After hearing, the Board voted, as set forth in the Decision, to deny the plaintiffs request.
This case came on to be heard by the court (Piper, J.) on the defendant Owockis motion for summary judgment. In a decision of even date, the court has denied Owockis motion for summary judgment, and has granted summary judgment to the plaintiffs. In accordance with the courts decision issued today, it is
ORDERED and ADJUDGED that the Decision of the Board proceeded on legally untenable grounds and is ANNULLED. The Board is to issue a decision promptly which is consistent with the decision of this court, which grants the appeal of the plaintiffs, and which directs the Building Commissioner to rescind the building permit issued to defendant Owocki or her agent.
By the Court. (Piper, J).
STEVEN W. ALBAHARI, JANET L. ALBAHARI, WILLIAM H. BARBER, JUDITH S. BARBER, PAUL APOSTOL, JR., LISA A. APOSTOL, DEAN H. FOSTER and BONNIE JANE FOSTER v. HARVEY FREEMAN, BRIAN HARRISON, PAUL G. KEARNEY, ARTHUR STEWART, and NEVA FLAHERTY, as they are members of the Town of Brewster Zoning Board of Appeals; and LUCILLE M. OWOCKI