This action, commenced in this court May 23, 2006, is an appeal pursuant to G.L. c. 40A, §17. There also is a request for declaratory judgment.
The plaintiffs, John Goncalves, Kirk Hellmuth, Georgiann L. Hellmuth, Trustee of the Hellmuth Realty Trust, and Anthony M. DiMasi, seek a judgment overturning the decision (Decision) of the Zoning Board of Appeals of Wareham (Board), complained about in this action. In the Decision, filed with the Wareham Town Clerk on May 10, 2006, the Board, whose members are defendants, decided an administrative appeal brought to the Board concerning the request by the Lavallees predecessor in title for a building permit to construct a residence on the land at 9 Roby Street in Wareham (Lot 4) now owned by the private defendants, John J. Lavallee and Sharon J. Lavallee. The Board, in its Decision, did not order the defendant Director of Inspectional Services for the Town of Wareham (Inspector) to rescind a building permit he had issued to the defendants John J. and Sharon J. Lavallees predecessor in title.
This case came on to be heard on cross motions for summary judgment. In a decision of even date, the court (Piper, J.) has granted the motion by plaintiffs for summary judgment, and has denied the motion by the private defendants, John J. Lavallee and Sharon J. Lavallee, for summary judgment.
In accordance with the courts decision issued today, it is ORDERED and ADJUDGED that the Decision by the Board proceeded on legally untenable grounds and is REVERSED. The Board promptly is to issue a revised decision directing the Inspector to rescind the building permit issued with respect to Lot 4 in December, 2005. It is further
ORDERED, ADJUDGED and DECLARED that Lot 4 does not have the benefit of the protections of the first or fourth paragraphs of Section 6 of Chapter 40A of the General Laws.
By the Court. (Piper, J).
JOHN GONCALVES; KIRK HELLMUTH; GEORGIANN L. HELMUTH, As She Is Trustee of the HELMUTH REALTY TRUST; and ANTHONY M. DIMASI v. KENNETH FERREIRA, DONALD S. McKINLAY, JOHN P. CRONAN, MICHAEL A. MARTIN, MICHELLE B. ZOLLO, RICHARD SECHER, MARY SCARCIOTTI, and DAVID SHARKEY, as they are members of the Zoning Board of Appeals of Wareham; TEODORE MISIASZEK, as he is the Zoning Enforcement Officer of the Town of Wareham; JOHN J. LAVALLEE and SHARON J. LAVALLEE