On November 28, 2006, First Class, LLC and Perfection Fence Corp. (Plaintiffs) initiated this action against the Town of Marshfield (Town) and the members of the Marshfield Zoning Board of Appeals (ZBA). Plaintiffs sought annulment of two decisions of the ZBA, one a denial of Plaintiffs application for a variance from Section 11.11 of the Zoning Bylaw, and the second a denial of a request for modification of a previously approved site plan. Both applications sought permission for Plaintiffs to install a second curb cut on their property at 635 Plain Street, Marshfield (Property). Plaintiffs amended complaint also contains four challenges to the validity of the Zoning Bylaw under G. L. c. 240, § 14A.
A decision of todays date has issued in favor of the Town and the ZBA. In accordance with the decision, it is hereby
ADJUDGED and ORDERED that the decisions of the Town of Marshfield Zoning Board of Appeals denying Plaintiffs request for a variance and modification of a site plan to install a second curb cut at the Property is upheld; it is further
ADJUDGED and DECLARED that the Section 11.11 of Town of Marshfield Zoning By-law is valid and may be applied to the Property.
By the court. (Scheier, C.J.)
FIRST CLASS, LLC and PERFECTION FENCE CORP. v. CARL RUSSELL, KAREN TEPER, JOSEPH KELLEHER, EDWIN PARSONS and MICHAEL HARRINGTON, as they are members of the TOWN OF MARSHFIELD ZONING BOARD OF APPEALS and TOWN OF MARSHFIELD