Plaintiff filed his unverified Complaint on August 16, 2007, appealing pursuant to G.L. c. 41, § 81BB the approval by Defendant Town of Billerica Planning Board (the Planning Board) of a definitive subdivision plan for Sartell Estates filed by Defendants Sheila R. Sartell (Sheila), William D. Sartell (William D.), William G. Sartell (William G.), and Kerrin OShea a/k/a Kerrin Sartell (Kerrin) (together, the Sartells) and seeking a determination that he be granted a right in the subdivision road or that the Sartells rights in an adjoining right of way be deemed abandoned. The Sartells filed their Answer on October 3, 2007, and the Planning Board filed its Answer on October 4, 2007. A case management conference was held on October 23, 2007.
On December 31, 2007, the Sartells filed their Motion for Partial Summary Judgment, together with supporting memorandum, Concise Statement of Material Facts, Appendix, and Affidavit of Milton H. Kinney. Plaintiff filed his Opposition to the motion on January 30, 2008, along with a supporting brief, Concise Statement of Additional Material Facts, and Appendix. This court held a hearing on the motion for partial summary judgment on May 12, 2008. On May 21, 2008, the parties filed a Stipulation and Waiver, dismissing Counts II and III and all portions of Count I of the Complaint except the issue of frontage relating to certain property located at 57 Baldwin Road, Billerica, MA shown as Lot 3A on a plan titled Sartell Estate Definitive Subdivision Lotting Plan in Billerica, MA dated March 20, 2007. A decision of todays date has been issued.
In accordance with that Decision it is:
ORDERED and ADJUDGED that Lot 3A has adequate frontage on Baldwin Road.
ORDERED and ADJUDGED that the Sartells Motion for Partial Summary Judgment is ALLOWED.
By the court. (Sands, J.)
Deborah J. Patterson
Dated: April 10, 2009