BRIAN KENNER and CAROL KENNER v. SAL N. GIONFRIDDO, DAVID S. NIXON, PETER M. ACTON, MAUREEN W. VOKEY, and MARY ELLEN SUSSMAN, as members of the CHATHAM ZONING BOARD OF APPEALS, LOUIS HIEB, and ELLEN HIEB

This action was commenced by plaintiffs, Brian Kenner and Carol Kenner, on July 10, 2006, as an appeal pursuant to G.L. c. 40A, § 17. The plaintiffs seek to reverse a decision of the defendant, Town of Chatham Board of Appeals, which granted a special permit for the demolition, reconstruction, and expansion of a structure on a certain parcel of real property known and numbered as 25 Chatharbor Lane in South Chatham (the Hieb Property), owned of record by defendants, Louis Hieb and Ellen Hieb (the Hiebs).

The Court (Trombly, J.) took a view of each party’s property on March 25, 2008 and a trial was held beginning the same day at Barnstable Superior Court. Six witnesses testified and fourteen exhibits and one chalk were admitted into evidence. At the conclusion of the first day, counsel for the Hiebs requested a continuance to allow him to produce his own expert to rebut the plaintiffs’ evidence of diminution of value. The Court allowed this continuance. On March 31, 2008, defendants informed the Court that they no longer wished to introduce further testimony. Accordingly, on April 9, 2008, the Court determined that the trial was ended. Post-trial memoranda were filed by plaintiffs on June 16, 2008 and by defendants on June 18, 2008.

After careful consideration of all of the evidence, the Court entered a decision today, ruling that the plaintiffs lack standing to bring this action. The Court further ruled that even if plaintiffs had standing, the Hieb Property is a preexisting, nonconforming lot, within the meaning of G.L. c. 41, § 81L, and that the Proposed Project will not increase the property’s nonconforming nature. The Zoning Board’s decision was therefore reasonable.

In accordance with that Decision, it is hereby

ADJUDGED and ORDERED that the plaintiffs lack standing to bring this action; and it is further

ADJUDGED and ORDERED that decision of the Zoning Board of Appeals of the Town of Chatham of June 8, 2006, granting a special permit for the demolition, reconstruction, and expansion of land located at 25 Chatham Lane in Chatham, is AFFIRMED.

By the Court (Trombly, J.)