This action was commenced by plaintiffs, John Sim and Rose Marie Sim on February 2, 2007, as an appeal of a decision of defendant, the Zoning Board of Appeals of the Town of Burlington, pursuant to G.L. c. 40A, § 17. The Zoning Boards decision upheld a decision of the Local Inspector of the Town of Burlington, declining to rescind a building permit concerning construction of a structure on a parcel of real property, known as and numbered 3 Pontos Avenue in Burlington, owned of record by defendant, Anthony Scalzilli.
On August 30, 2007, plaintiffs filed a motion for summary judgment. Defendants opposed the motion on November 30, 2007, and filed a cross-motion for summary judgment, the same day. On December 26, 2007, plaintiffs filed an opposition to the defendants cross-motion for summary judgment. The motions were argued before the Court on January 10, 2008, and taken under advisement.
On June 13, 2008, defendants filed a motion for leave to file supplemental materials in support of their cross-motion. The Court (Trombly, J.) allowed the motion on July 10, 2008. On December 12, 2008, defendants filed a supplemental memorandum. Plaintiffs filed their own supplemental memorandum on February 6, 2009.
After careful consideration of all of the evidence, the Court entered a Decision today, ruling that the Zoning Board of Appeals of the Town of Burlington exceeded its authority in its decision to uphold the decision of the Burlington Local Inspector.
In accordance with that Decision, it is hereby
ADJUDGED and ORDERED that the plaintiffs, John Sim and Rose Marie Sims motion for summary judgment is ALLOWED;
ADJUDGED and ORDERED that the defendants, the Zoning Board of Appeals of the Town of Burlington and Anthony Scalzilli, as trustee of the A.V. Realty Trusts cross-motion for summary judgment is DENIED; and it is further
ADJUDGED and ORDERED that the decision of the Burlington Zoning Board of Appeals is REVERSED.
By the Court (Trombly, J.).
[Note 1] If not specifically defined herein, each term carries the same definition employed in the Decision.