GIULIO MAMBRO and LISA MAMBRO v. ROBB KYDD, EILEEN FARRELL, CHRIS MECHALIDES, CLAIRE CLOUTIER, and CHERYL BRADLEY, as members of the ZONING BOARD OF APPEALS OF THE TOWN OF TYNGSBOROUGH

Plaintiffs, Giulio Mambro and Lisa Mambro, commenced this action on September 8, 2006, as an appeal, pursuant to G.L. c. 40A, § 17, of a decision of the defendant, the Zoning Board of Appeals of the Town of Tyngsborough, to deny the plaintiffs’ application for a variance concerning a parcel of real property, known as and numbered 14 Upton Drive in Tyngsborough.

On December 1, 2008, the Court held a view, in the presence of counsel. Trial was held on December 2, 2008. Pamela St. Armand reported the testimony. Testifying were March R. Welch, Giulio Mambro, Theodore M. Flanders, and Mark E. Dupel for plaintiffs. Eleven exhibits were admitted into evidence.

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 Tyngsborough properly denied the plaintiffs’ application for a variance.

In accordance with that Decision, it is hereby

ADJUDGED and ORDERED that the decision of the defendant, the Zoning Board of the Town of Tyngsborough, is AFFIRMED.

By the Court (Trombly, J.).