TOWN OF FREETOWN, by and through its BOARD OF SELECTMEN and BUILDING COMMISSIONER v. TOWN OF FREETOWN ZONING BOARD OF APPEALS, JAMES FRATES, GARY GUINEN, DANIEL A. LORANGER, and KIM PINA, as members of the TOWN OF FREETOWN ZONING BOARD OF APPEALS, and JOHN CHACE

Plaintiff, the Town of Freetown, commenced this case on February 28, 2008, as an appeal, pursuant to G.L. c. 40A, § 17, of a constructive approval by the defendant, the Town of Freetown Zoning Board of Appeals, of (1) a building permit application; (2) a septic plan; and (3) a variance concerning a parcel of real property, known as and numbered 0 Cleveland Park Road in Freetown.

On October 1, 2008, plaintiff filed a Motion for Partial Summary Judgment. Defendant, John Chace opposed the motion on December 10, 2008. On January 27, 2009, plaintiff filed a reply to the defendant’s opposition. The motion was argued before the Court on February 6, 2009, and taken under advisement.

After careful consideration of all of the evidence, the Court entered a Decision today, ruling that the constructive approval by the Zoning Board of Appeals of the Town of Freetown of Mr. Chace’s building permit application and Septic Plan was not proper.

In accordance with that Decision, it is hereby

ADJUDGED and ORDERED that the plaintiff, Town of Freetown’s Motion for Summary Judgment is ALLOWED;

ADJUDGED and ORDERED that the constructive approval by the Zoning Board of Appeals of the Town of Freetown of the building permit application is REVERSED; and it is further

ADJUDGED and ORDERED that the constructive approval by the Zoning Board of Appeals of the Town of Freetown of the Septic Plan is REVERSED.

By the Court (Trombly, J.).