Plaintiffs, S. David Graber, Arlene J. Graber, Burton Jay Polansky, Fay Marcia Polansky, and Penny Ann Taylor, commenced this action on April 2, 2007, as an appeal, pursuant to G.L. c. 40A, § 17, from a decision of the Defendant, the Stoughton Zoning Board of Appeals, to grant a variance of the minimum lot frontage requirements of the Town of Stoughton Zoning By-law, concerning a parcel of real property and building, known as and numbered 50 Barnes Road in Stoughton, owned of record by Defendants, Peter Tsinzo and Linda Tsinzo.
On July 31, 2009, Plaintiffs filed a Motion for Summary Judgment. The Defendant Town opposed the motion on September 1, 2009, and filed a Cross-Motion to Dismiss or for Summary Judgment. The motions were argued before the Court on October 28, 2009, and taken under advisement.
After careful consideration of all of the evidence, the court issued a Decision today, ruling that Counts II and III of the Complaint do not lie in an appeal, pursuant to G.L. c. 40A, § 17. In addition, the Court allowed the parties agreement for judgment as to Count I of the Complaint.
In accordance with that Decision, it is hereby:
ADJUDGED and ORDERED that Counts II and III of the Complaint be and are hereby DISMISSED; and it is further
ADJUDGED and ORDERED that the decision of the Stoughton Zoning Board of Appeals, is ANNULLED.
By the court (Trombly, J.).
S. DAVID GRABER, ARLENE J. GRABER, BURTON JAY POLANSKY, FAY MARCIA POLANSKY, and PENNY ANN TAYLOR v. SHERMAN EPRO, JERALD SAVAGE, GEORGE EICHORN, STEVEN D. MITCHELL, MARK HAUSAMMANN, HERBERT MUSMON, ROBERT OREGAN, WILLIAM FRANCIS, and PETER BARRON, as they are members of the STOUGHTON ZONING BOARD OF APPEALS;