These consolidated actions, commenced July 20, 2007, seek review pursuant to G. L. c. 40A, § 17 of decisions of the Stoneham Zoning Board of Appeals (Board), whose members are defendants, denying requests for variances of Plaintiff, Angelo Petrosino, Trustee. A motion to dismiss was heard by the court on October 23, 2009, resulting in a remand to the Board. After remand, these consolidated cases came on for hearing on the defendants motion for summary judgment. In a decision of even date, the court (Piper, J.) has determined that the Decisions of the Board on Remand must be upheld.
In accordance with the courts decision issued today, it is
ORDERED and ADJUDGED that the Decision of the Board on Remand, as to each of the two parcels of Plaintiffs land, is not beyond the scope of authority of the defendant members of the Board; is not arbitrary, capricious, unreasonable or contrary to law; and is not legally entitled to be annulled. It is further
ORDERED that no fees, costs, or other amounts are awarded to any party.
By the Court. (Piper, J).