Plaintiffs Roland A. Moore and Virginia Moore brought this action appealing pursuant to G. L. c. 40A, § 17 a Decision by the Newbury Zoning Board of Appeals (ZBA) granting a special permit and zoning relief to Defendants Mark A. Richey and Teresa S. Richey which would allow them to renovate an existing structure on property known as and numbered 10 Fordham Way in said Newbury. The parties argued cross-motions for summary judgment on November 17, 2010. [Note 2] A Decision has entered this day allowing Defendants motion and denying Plaintiffs motion. In accordance with that Decision, it is
ORDERED, ADJUDGED and DECLARED that in issuing its Decision, the Zoning Board of Appeals did not act in excess of its authority and did not rely on a legally untenable ground; and it is further
ORDERED, ADJUDGED and DECLARED that the ZBA decision is upheld and affirmed; and it is further
ORDERED, ADJUDGED and DECLARED that the complaint is dismissed.
By the Court. (Trombly, J.)
[Note 1] If not specifically defined herein, each term carries the same definition employed in the Decision entered today in this action.
[Note 2] Counsel for the ZBA filed an appearance but did not participate in the argument on the motions.