RON WOOD v. WALTER MIRRIONE, JOHN TUPPER, STEVEN JOHNSON, AUGUST J. GANGI, and FREDERICK W. CLARK, JR., as they are members of the ZONING BOARD OF APPEALS of the Town of Easton, the TOWN OF EASTON and JHN ENTERPRISES, LLC

This case was commenced on August 12, 2005 when Ron Wood (the “Plaintiff”) [Note 1] filed a complaint seeking to annul a decision of the Board of Appeals for the Town of Easton (the “Board” or “Defendants”) pursuant to G.L. c. 40A, § 17, whereby the Board granted a special permit and variances to the Town of Easton (the “Town”) and JHN Enterprises, LLC (“JHN”) to construct a communications tower and related facilities. The Plaintiff timely appealed the Board’s decision by commencing the instant action.

On November 8, 2007, Defendants filed a Motion for Summary Judgment and on November 30, 2007, Plaintiff filed an opposition to this motion. The parties argued the motion before the court (Trombly, J.) on December 6, 2007, at which time the matter was taken under advisement.

In a Decision entered today, the court, finding the matter to be ripe for summary judgment, granted Defendants’ motion for summary judgment. In its Decision, the court found and ruled that the tower at issue is a “municipal use” under the Town’s Zoning Bylaw and its construction is therefore allowed “as of right” in a municipal (M) zoning district, where it is currently situated. The issuance of special permits and variances, therefore, were not necessary for its construction.

In accordance with that Decision, it is

ORDERED, ADJUDGED, and DECLARED that Defendants’ Motion for Summary Judgment is GRANTED. The communications tower was properly constructed because it is a “municipal use” pursuant to the Town’s Zoning Bylaw and is allowed “as of right” in an M zoning district.

By the Court. (Trombly, J.)