MISC 08-365630

March 2, 2010

Sands, J.


Plaintiff filed its unverified Complaint on January 2, 2008, pursuant to G. L. c. 40A, § 17, appealing a decision of Defendants which denied a request for a variance (“Variance 2”) on property located at 13 Drake Circle, Sharon, Massachusetts (“Locus”). [Note 1] Defendants filed their Answer on January 28, 2008. This court issued an Order of Remand on February 26, 2008. Following another denial by Defendants of Plaintiff’s request for a variance (“Variance 3”), Plaintiff filed a Motion to Add Denial of Sharon Zoning Board of Appeals Decision Following Remand on September 15, 2008. [Note 2] Defendants filed their Motion for Summary Judgment on February 27, 2009, together with supporting memorandum and Appendix. On March 30, 2009, Plaintiff filed its Opposition, together with supporting memorandum. A summary judgment hearing was held on June 1, 2009, at which time the motion was taken under advisement. A decision of today’s date has been issued.

In accordance with that decision it is:

ORDERED and ADJUDGED that Plaintiff has not sustained its burden of showing a basis for either Variance 2 or Variance 3.

ORDERED and ADJUDGED that Defendants’ decision to deny Variance 2 and Variance 3 was not arbitrary, capricious or unreasonable and was not beyond the scope of their authority.

ORDERED and ADJUDGED that Defendants’ Motion for Summary Judgment is ALLOWED.

By the court. (Sands, J.)


[Note 1] A related case, Town of Sharon v. Jodi B. Matt, Trustee of Drake Realty Trust, 06 TL 132867, was filed on January 25, 2006, relative to a taking of Locus for nonpayment of real estate taxes. This tax lien case was put on hold pending the resolution of Plaintiff’s appeal of Variance 2 and Variance 3.

[Note 2] On October 2, 2007, Plaintiff filed an application for a minimum lot area variance. Defendants held a hearing on November 14, 2007, and by decision dated December 12, 2007, Defendants denied the variance (Variance 2).

By Order of Remand dated February 26, 2008, this court remanded the matter to Defendants. Defendants held hearings on the matter between April and July 2008. By decision dated July 23, 2008, Defendants again denied the variance (Variance 3).