In this action, brought pursuant to G. L. c. 40A, § 17, Plaintiffs Mark Woods and Susan Woods appeal from a June 6, 2007 decision issued by Defendant Cambridge Zoning Board of Appeals (Board), through which it granted a variance to Defendant Timothy R. Leek (Leek). The variance allowed Leek to maintain a bicycle shed on his property at 36 Garfield Street in Cambridge (Locus), which abuts Plaintiffs property. Subsequent to the grant of the variance, the Zoning Ordinance of the City of Cambridge was amended so Leek no longer needs a variance in order to construct or maintain his bicycle shed on Locus. For that reason, Defendants sought to dismiss this action.
A decision of todays date in Defendants favor has issued. In accordance with that decision, it is hereby
ADJUDGED and ORDERED that Plaintiffs challenge to the variance granted to Leek by the Board by decision dated June 6, 2007, is moot and the instant appeal is no longer ripe for disposition by this court; and it is further
ADJUDGED and ORDERED that Plaintiffs appeal is DISMISSED. No costs are allowed against any party.
By the court (Scheier, C. J.)
MARK WOODS and SUSAN WOODS v. TIMOTHY R. LEEK, and THOMAS SIENIEWICZ, CONSTANTINE ALEXANDER, DAVID M. GLYNN, SUSAN SPURLOCK, and BRENDAN SULLIVAN, as they are Members of the CITY OF CAMBRIDGE ZONING BOARD OF APPEALS