This action was commenced by Deborah Bottomley and Tracy Brais (collectively Plaintiffs) on October 6, 2005, seeking declaratory judgment under M.G.L. c. 240, §14A, invalidating certain conditions placed on the grant of a special permit by the Zoning Board of Appeals of the Defendant Town of Plainville for the removal of earth from several lots of Plaintiffs real property.
On February 15, 2008, Plaintiffs filed Motion for Summary Judgment. On March 17, 2008, Defendant filed an Opposition to Plaintiffs Motion for Summary Judgment as well as Cross-Motion for Summary Judgment and a memorandum of support thereof. Also on March 17, 2008, Defendant filed an Affidavit of Kathleen M. Sandland. The motions were argued on June 23, 2008 and taken under advisement by the Court (Trombly, J.).
After carefully considering all of the evidence, the Court entered a Decision, ruling that the Zoning By-Laws of the Town of Plainville properly require the construction of actual streets to satisfy the frontage requirements before the issuance of a building permit for the Lots. The Court further concludes that it lacks jurisdiction under M.G.L. c. 240, §14A to make a determination of the validity of the Earth Removal Special Permit issued by the Zoning Board of Appeals of the Town of Plainville or the Rules and Regulations Governing the Subdivision of Land in the Town of Plainville, and does not pass judgment on those claims.
In accordance with that Decision it is hereby
ADJUDGED and ORDERED that Plaintiffs Motion for Summary Judgment is DENIED;
ADJUDGED and ORDERED that Defendants Cross-Motion for Summary Judgment is ALLOWED; and it is further
ADJUDGED and ORDERED that the action be, and is hereby, DISMISSED.
By the Court. (Trombly, J.).
Deborah J. Patterson
Dated: September 19, 2008