JOEL D'ERRICO v. PAIGE E. DUNCAN, JAMES CHILSON, DAVID LAMBERTO, NORMAN RISTAINO, and RONALD CALABRESE, as members of THE PLANNING BOARD OF THE TOWN OF FRANKLIN

This action was commenced by plaintiff, Joel D’Errico on June 13, 2007, appealing a decision of the defendant, the Planning Board of the Town of Franklin, pursuant to G.L. c. 40A, § 17. Plaintiff seeks to annul the decision denying his application for a special permit to construct a multi-family, residential dwelling on a parcel of real property, known as and numbered 47 Summer Street in Franklin.

A view of the property was taken in the presence of counsel by the Court on February 11, 2008, and trial began the same day in Council Chambers of the Town of Franklin Municipal Building. Testifying were Donald Nielsen, Peter Mooney, and Bryan Taberner. Eighteen exhibits were admitted into evidence. On April 11, 2008, defendants filed a post-trial memorandum and plaintiff filed his post-trial memorandum on April 14, 2008.

After careful consideration of all of the evidence, the Court entered a decision today, ruling that the plaintiff’s application for special permit should be denied.

In accordance with that Decision, it is hereby

ADJUDGED and ORDERED that the decision of the Planning Board of the Town of Franklin denying the plaintiff’s application for a special permit is AFFIRMED.

By the Court (Trombly, J.).