M. R. Pollock & Sons, Inc. (Plaintiff or Pollock), owner of property known as and numbered 162 North Main Street (Route 114), Middleton, Massachusetts, filed this complaint on October 31, 2002 pursuant to G. L. c. 40A, § 17, appealing a decision of the Middleton Zoning Board of Appeals (ZBA) filed in the Town Clerks office on October 11, 2002 which declined to overturn a cease and desist order previously entered by the towns Building Inspector which required Plaintiffs to stop carrying on certain uses and activities on its property. Plaintiff contends said uses are pre-existing and non-conforming. The Defendants disagree.
Trial was held over the course of two days, on November 3, 2010 and November 19, 2010. Ten witnesses testified and twenty- seven exhibits, some with multiple parts, were entered into evidence. The evidence was reported and post-trial memoranda have been filed by the parties. A Decision of todays date has been issued. In accordance with that Decision, it is
ORDERED and ADJUDGED that the Cease and Desist Order entered by the Building Inspector compelling Plaintiffs to cease carrying out certain activities on the property which Plaintiff contends are pre-existing and non-confirming was correct and is hereby affirmed;
and it is further
ORDERED and ADJUDGED that the Decision of the Zoning Board of Appeals declining to overturn or reverse the Building Inspectors Order is also affirmed.
By the Court. (Trombly, J.)
M.R. POLLOCK & SONS, INC. v. LYNN MURPHY, JACK LEITNER, JEFF SCHREIBER, STUART LORD, ANN TRAGERT COTE, and STEPHEN BRICKETTE, as they are the members of the Town of Middleton ZONING BOARD OF APPEALS, and ROBERT ALDENBERG, as he is the INSPECTOR OF BUILDINGS OF THE TOWN OF MIDDLETON