JAMES M. GIURLEO and ELAINE M. GIURLEO v. MICHAEL J. MCCUSKER, JOSEPH J. CROWLEY, and ROBERT J. ROSSI, as members of the TOWN OF WESTWOOD ZONING BOARD OF APPEALS; and BELLE SOLOWAY

In this case, pursuant to G.L. c. 40A, § 17, plaintiffs James and Elaine Giurleo appeal from a decision of the defendant Town of Westwood Zoning Board of Appeals’ (the “ZBA”) decision granting defendant Belle Soloway a special permit to construct an accessory apartment addition to her single-family home. Ms. Soloway’s home, located at 109 Cobleigh Street, is a preexisting nonconforming structure. Since the proposed addition was determined by the town’s building inspector to increase the nonconformities of the property, special permits pursuant to §§ 4.4.3 (Accessory Apartments) and 4.5.6 (Special Permit for Nonconforming Uses and Structures) of the Zoning Bylaw of the Town of Westwood, Massachusetts (the “Bylaw”) were necessary. In two separate decisions, the ZBA granted Ms. Soloway the special permits. The plaintiffs timely appealed from the decision granting the special permit pursuant to Bylaw § 4.5.6. No appeal of the § 4.4.3 decision was filed.

A trial was held, jury-waived, and a view was taken. For the reasons set forth in the court’s Decision of this date, I find and rule that the ZBA’s decision was neither arbitrary nor capricious and, accordingly, must be upheld. The ZBA’s decision is thus AFFIRMED and the plaintiffs’ claims are DISMISSED, in their entirety, with prejudice.

SO ORDERED.

By the court (Long, J.)

Attest:

Deborah J. Patterson, Recorder

Dated: 9 April 2010