DANA JUNIOR v. STEPHEN KARLL, GEORGE NIGHTINGALE, and LINDA CUSIK, as members of the ZONING BOARD OF APPEALS FOR THE TOWN OF BRAINTREE

The property at issue in this case, located at 691 Washington Street in Braintree, has had a long history of zoning issues. In 1986, the then-owner of the property received building permits to raze a single-family dwelling and construct a two-family dwelling in its place. Over a number of years, the owner received various building permits for internal work and also applied for, but failed to receive, zoning relief to use the dwelling as a three-family residence. He nonetheless used it as a three-family residence.

In 2006, plaintiffs Dana and Scott Junior [Note 1] purchased the property and applied to the defendant Zoning Board of Appeals (the “ZBA”) for zoning relief to use the dwelling as a three-family residence. The ZBA denied that relief. The defendant Building Inspector for the Town of Braintree also issued a cease and desist order requiring the plaintiffs to stop using the third unit.

The plaintiffs have appealed from the ZBA’s decision (08 MISC 372846) and also seek a declaration that they can use the property as a three-family residence (07 MISC 353057). The cases were consolidated and tried on a case-stated basis. For the reasons set forth in the court’s Decision of this date, I find and rule that the plaintiffs are not entitled to a variance and, therefore, the ZBA’s decision denying the plaintiffs’ application for a variance is hereby upheld. Accordingly, the plaintiffs’ claims in 08 MISC 372846 are hereby DISMISSED, in their entirety, with prejudice. Also for the reasons set forth in the court’s Decision of this date, I also find and rule that the plaintiffs’ action seeking a declaratory judgment must be dismissed for their failure to exhaust their administrative remedies. Accordingly, the plaintiffs’ claims in 07 MISC 353057 are hereby DISMISSED, in their entirety, with prejudice.

SO ORDERED.

By the court (Long, J.)