In this action brought pursuant to G. L. c. 40A, § 17, Plaintiffs appeal a decision of the Salem Board of Zoning Appeals (BZA) granting Defendant Riverview Place, LLC (Riverview) three variances in connection with the proposed redevelopment of 4.14 acres of land located at 72 Flint Street, 67-69 Mason Street, and 71 Mason Street (Locus) into a mixed-use residential and commercial development in Salem. A one-day trial on the issue of Plaintiffs standing was held on March 9, 2010. A decision of todays date has issued, in which the court held that the three remaining Plaintiffs do not have standing to challenge the BZAs grant of the variances at issue. In accordance with that decision, it is
ADJUDGED and ORDERED that Plaintiffs Lorene Scanlon, Sonja Hernandez, and Richard T. Laperchia lack standing to bring this appeal from the decision of the BZA in favor of Riverview; it is further
ADJUDGED and ORDERED that the court is therefore without jurisdiction to reach the merits of Plaintiffs appeal; and it is further
ADJUDGED and ORDERED that the case hereby is DISMISSED.
By the Court (Scheier, C.J.)
[Note 1] Per the Joint Voluntary Stipulation of Dismissal, the following parties have been dismissed: William Penta, Darrow A. Lebovici, Jane Curtis Arlander, Richard A. Luecke, Nicholas M. Nowak, Morris L. Schopf, Stephen D. Whittier, Martin H. Imm, Humphrey Gardner, John L. Hayes, William Russell Burns, Jr., and William L. Wrightson. On March 31, 2008, the court allowed Defendants Motion to Dismiss under Mass. R. Civ. P. 12(b)(1), in part, finding that Jacqueline A. Washburn, Federal Street Neighborhood Association, Inc., and Zachari Deligiandas lacked standing under G. L. c. 40A, § 17.