Home LEONARD H. GOLDER v. MICHELLE SHOEMAKER, EDWARD TAMUZZER, CHARLES A. BARNEY, BRUCE E. FLETCHER, and JOHN CLAYTON, JR., As They Are Members of the Zoning Board of Appeals of the Town of Stow

MISC 09-404883

October 7, 2009


Piper, J.


This is an action under G.L. c. 40A, §17, appealing from a decision issued by the Zoning Board of Appeals of Stow (“Board”), whose members are, pursuant to that statute, defendants. There are counts for declaration and seeking injunction, as well. Plaintiff Leonard H. Golder filed this action in this court on July 3, 2009.

The Board decision from which plaintiff appeals (“Decision”) was filed by the Board in the office of the clerk of the town on June 15, 2009. In the Decision, the Board granted the application by the town’s recreation commission for a variance from the requirements of Section of the municipal zoning bylaw, as they relate to a municipal recreation facility at 60 Old Bolton Road. The Decision varied the bylaw’s requirement for six foot high opaque screening to be installed along Old Bolton Road to screen a parking area from neighboring residential parcels.

This case came before the court (Piper, J.) on defendants’ motion to dismiss. After consideration of the motion and supporting papers, and the plaintiff’s written opposition, the court today has issued a decision granting the motion to dismiss. In accordance with the court’s decision, it is,

ORDERED and ADJUDGED that this action, as to all parties, claims and counts, is DISMISSED with prejudice.

By the Court. (Piper, J).