ERIC A. HARPER v. LARRY DORR, JAMES DOLE, and PHILL TAYLOR, as they are members of the ZONING BOARD OF APPEALS OF THE TOWN OF GROVELAND, and the TOWN OF GROVELAND

This dispute arises out of the denial by the Groveland Zoning Board of Appeals of a special permit and variances from the Groveland Zoning Bylaw.

The Plaintiff, Eric A. Harper (“Plaintiff”) is the owner of property known as and numbered 10 Federal Way in Groveland, Massachusetts (Assessor’s Plat #49, Lot #5D). Said land is located in the Industrial District Use Zone C/ Aquifer Overlay District as defined by the Town of Groveland Zoning Bylaw. Plaintiff is appealing pursuant to G.L. c. 40 A, §17 the February 1, 2006 decision of the Town of Groveland Zoning Board of Appeals (“Defendant”) denying Plaintiff’s application for special permits and variances from certain provisions of the Groveland Zoning Bylaw. Plaintiff also challenges the validity of the Town of Groveland’s Zoning ordinance as a whole pursuant to G.L. c. 240, § 14A.

This appeal was commenced by the Plaintiff on February 22, 2006. On August 4, 2008, the Plaintiff filed a Motion for Summary Judgment. On September 22, 2008, the Defendants filed a Cross-Motion for Summary Judgment. Arguments on Summary Judgment were heard and taken under advisement on November 20, 2008.

After careful consideration of all of the evidence, the Court entered a decision today, ruling;

1. The Town of Groveland Zoning Bylaw does not violate the principles set forth in SCIT, Inc. v. Planning Bd. of Braintree, 19 Mass. App. Ct. 101 (1984) and is therefore valid.

2. The decision of the Defendant Board to deny the plaintiff’s application for a special permit and variances was neither arbitrary nor capricious.

In accordance with that Decision, it is hereby

ADJUDGED and ORDERED that Eric Harper’s (Plaintiff) Motion for Summary Judgment is DENIED;

ADJUDGED and ORDERED that the Town of Groveland Zoning Board’s (Defendants) Cross-Motion for Summary Judgment is ALLOWED;

ADJUDGED and ORDERED that the Town of Groveland Zoning Board’s (Defendants) decision to deny Plaintiff’s application for a special permit and variances was within its authority and was neither arbitrary nor capricious; and it is further

ADJUDGED and ORDERED that the complaint be, and is hereby DISMISSED.

By the Court (Trombly, J.).

Attest:

Deborah J. Patterson

Recorder

Dated: February 20, 2009