Plaintiffs, Richard J. Glidden, as Trustee of the 38 Monomoy Road Realty Trust, Jeffrey A. McDermot, and Ashley B. McDermot, commenced this case on December 27, 2005, as an appeal, pursuant to G.L. c. 40A, § 17, of a decision of the defendant, the Nantucket Zoning Board of Appeals, upholding a decision of the Nantucket Zoning Enforcement Officer denying the plaintiffs request for zoning enforcement regarding a parcel of real property, known as and numbered 42 Monomoy Road in Nantucket (the Property), owned of record by defendant, Brian Conroy, as Trustee of the 42 Monomoy Realty Trust (Defendant Conroy). Plaintiffs seek also declaratory judgment, pursuant to G.L. c. 231A, § 1, as to alleged violations of the Nantucket Zoning Bylaws and the nature of the activities that may and may not be permitted on the Property. [Note 2]
Defendant Conroy filed an Answer and Counterclaim on January 20, 2006. On February 13, 2006, plaintiffs filed a Special Motion to Dismiss the Counterclaim. Defendant Conroy opposed the motion on April 5, 2006. The Court (Trombly, J.) issued an Order on December 29, 2006, allowing the plaintiffs Motion to Dismiss the Counterclaim.
On October 8, 2008, plaintiffs filed a Motion for Partial Summary Judgment. Defendant Zoning Board opposed the motion on November 12, 2008. Defendant Conroy opposed the motion on December 2, 2008.
On December 12, 2008, plaintiffs filed a Motion to Strike the Defendant Zoning Boards use of Statements by Richard Loftin, Linda Williams, and the Nantucket Zoning Enforcement Officer. Defendant Zoning Board opposed the motion on January 7, 2009. On January 20, 2009, plaintiffs filed Motions to Strike the Affidavits of Thomas A. Nelson, Mark Cutone, and C. Richard Loftin, and Linda Williams and the portions of the Affidavit of Brian Conroy that referenced these affidavits. Defendant Conroy opposed the plaintiffs motion to strike affidavits on January 27, 2009.
The plaintiffs Motion for Partial Summary Judgment and Motions to Strike were argued before the Court on January 29, 2009, and taken under advisement. The Court issued a Decision and Judgment on June 1, 2009, granting summary judgment in favor of defendants, holding that the 1995 Variance did not render the Property noncompliant.
On June 9, 2009, plaintiffs filed a Motion for Reconsideration of the Decision and Relief from the Judgment. Defendant, the Town of Nantucket Zoning Board of Appeals opposed the motion on July 2, 2009. Defendant Conroy opposed the motion on July 6, 2009.
After careful consideration of all of the evidence, the Court issued an Order today, denying in part the plaintiffs motion.
In accordance with that Decision, it is hereby
ADJUDGED and ORDERED that the plaintiffs Motion for Partial Summary Judgment is DENIED:
ADJUDGED and ORDERED that Summary Judgment is GRANTED in favor of defendants;
ADJUDGED and ORDERED that the property, known as and numbered 42 Monomoy Road in Nantucket is a preexisting, nonconforming lot, and was not rendered noncompliant as a result of the 1995 Variance;
ADJUDGED and ORDERED that §139-33A. of the Nantucket Zoning Bylaws authorizes special permits for the removal and reconstruction of a structure in a new location and for a different use; and it is further
ADJUDGED and ORDERED that the decision of the Nantucket Zoning Board of Appeals is AFFIRMED.
By the Court (Trombly, J.).
RICHARD J. GLIDDEN, as Trustee of the 38 MONOMOY ROAD REALTY TRUST, JEFFREY A. McDERMOT, and ASHLEY B. McDERMOT v. KERIM KOSEATAC, C. RICHARD LOFTIN, EDWARD C. MURPHY, NANCY J. SEVRENS, and DALE W. WAINE, as members of the NANTUCKET ZONING BOARD OF APPEALS, and BRIAN CONROY, as Trustee of the 42 MONOMOY REALTY TRUST