ANGELO PETROSINO, Trustee of STEVENS STREET REALTY TRUST v. GERARD CUNNINGHAM, HENRY SAMPSON, KEVIN MCLAUGHLIN, LAURENCE J. ROTONDI, and RAYMOND M. DUFOUR, As They Are Members of the Zoning Board of Appeals for the Town of Stoneham; and TOWN of STONEHAM

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 court’s decision issued today, it is

ORDERED and ADJUDGED that the Decision of the Board on Remand, as to each of the two parcels of Plaintiff’s 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).