This action was filed by E & J Properties, LLC. on May 26, 2009 appealing a decision of the Defendant Zoning Board of Appeals of Fall River (Board) pursuant to G. L. c. 40A, § 17. The Boards decision, filed with the City Clerk on May 7, 2009, reversed an order issued by the Building Inspector which required Defendant Lisa A. Medas, as Trustee of the C. B. L. Realty Trust to cease and desist violation of the execution of a variance previously granted with respect to the Subject Property, a parcel of land located in Fall river and bounded by Rodman, Lawrence, Lewiston and Salem Streets. A trial was held on July 26, 2010. Plaintiff and Defendant C. B. L. Realty Trust have submitted post-trial memoranda.
A Decision has entered this day ruling that the variance at issue has not lapsed because it has been sufficiently exercised, but further ruling that because the variance did not so provide,
C. B. L. Realty need not demolish at this time the Global Glass Building which sits on portions of four of the twenty parcels of land which were the subject of the granted variance. For all of the above reasons, it is
ORDERED and ADJUDGED that the Decision of the Board reversing the decision of the Building Inspector was not based on any legally untenable ground, nor was it unreasonable, whimsical, capricious or arbitrary, and is therefore affirmed.
By the Court. (Trombly, J.)
E & J PROPERTIES, LLC v. ZONING BOARD OF APPEALS OF FALL RIVER and GENE ALVES, JOHN FRANK III, DENISE LUCCIOLA and RICHARD MATEUS, as they are Members of said Board, LISA A. MEDAS, Trustee of C.B.L. Realty Trust, and C.B.L. REALTY TRUST