MERRIMAC PLANNING BOARD v. JOSEPH C. MORAN, ARTHUR AMIRAULT, JOSHUA JACKSON, and SEAN SCOTT, as Members of THE ZONING BOARD OF APPEALS OF THE TOWN OF MERRIMAC, and L.T., LLC

Merrimac Planning Board v. The Zoning Board of Appeals of the Town of Merrimac was commenced on March 12, 2007, seeking to annul a decision of the defendant ruling that the Merrimac Building Inspector acted appropriately in not requiring a special permit or site plan review for demolition and construction on a parcel of real property, known as and numbered 3 Central Street in Merrimac. Misc. Case No. 342752

Casey v. the Zoning Board of Appeals of the Town of Merrimac was commenced on March 12, 2007, seeking to annul the same decision of the defendant. Misc. Case No. 342769

On April 5, 2007, plaintiffs in Casey filed a motion to consolidate the two cases, which the Court (Trombly, J.) allowed.

On June 6, 2008, Defendant L.T., LLC filed a motion for summary judgment. Plaintiffs opposed the motion on July 7, 2008, and filed a cross-motion for summary judgment. On July 7, 2008, defendant filed an opposition to the plaintiff’s cross-motion. The motions were argued before the Court on August 7, 2008, and taken under advisement.

After careful consideration of all of the evidence, the Court entered a Decision today, affirming the decision of the Zoning Board of Appeals of the Town of Merrimac.

In accordance with that Decision, it is hereby

ADJUDGED and ORDERED that the defendant, L.T., LLC’s motion for summary judgment is ALLOWED;

ADJUDGED and ORDERED that the plaintiffs’ motion for summary judgment is DENIED; and it is further

ADJUDGED and ORDERED that the Complaints be, and are hereby DISMISSED.

By the Court (Trombly, J.).