This action, commenced October 24, 2007, seeks review pursuant to G. L. c. 40A, § 17 of a decision of the Medford Zoning Board of Appeals, whose members are defendants, granting a variance to Victoria Korovillas, also a defendant. Plaintiff, Robyn Parker, intervened in this action on September 18, 2009. The original plaintiff, William C. Snyder was dismissed by Order of this court on April 6, 2009. This case came on to be heard on cross motions for summary judgment on April 21, 2009. In a decision of even date, the court (Piper, J.) has granted summary judgment to the Plaintiff and decided the variance must be annulled.
In accordance with the courts decision issued today, it is
ORDERED and ADJUDGED that the Decision of the Board, filed with the City Clerk on March 19, 2008, purporting to grant a Variance from the provisions of Section 94-241 of the Ordinance was in error, proceeded on a legally untenable ground, and is ANNULLED. This Judgment is without prejudice to Korovillas seeking a finding pursuant to G. L. c. 40A, § 6 that her expansion of a preexisting nonconforming structure is not substantially more detrimental to the neighborhood than the prior-existing structure. It is further
ORDERED that the Motion of Defendant Victoria Korovillas to Strike the Affidavit of William C. Snyder is DENIED. It is further
ORDERED that no fees, costs, or other amounts are awarded to any party.
By the Court. (Piper, J).