Plaintiff Tina P. Brzezenski, Trustee of Winthrop Cove Realty Trust (the "Trust") filed its unverified Complaint (03 MISC 293428) on October 15, 2003, appealing, pursuant to G. L. c. 40A, § 17, a decision (the "ZBA Decision") of Defendant Town of Winthrop Board of Appeals (the "ZBA") which approved, with conditions, a special permit and variances requested by the Trust relative to a conversion of property owned by the Trust and located at 495 Pleasant Street, Winthrop, MA ("Locus") from a hospital to condominium units. [Note 1], [Note 2] Plaintiffs ("Abutters 1") Philip Lundberg ("Philip"), Susan Lundberg ("Susan"), Ryan Murphy ("Ryan"), Jean Wall ("Jean"), Edward Wall ("Edward"), Carl Lee, Winston Williams, Charles Evans and Linda Rand filed their unverified Complaint (03 MISC 293438) on October 14, 2003, appealing the ZBA Decision. [Note 3] On August 24, 2005, this court consolidated these two cases (the "Consolidated Cases"). The Consolidated Cases were scheduled for a pretrial conference on July 23, 2007. This court allowed an Assented Motion to Stay Proceedings for the Consolidated Cases filed on July 16, 2007, based on the rezoning of Locus in a Special Development Overlay District ("SDOD") and the need to file for a new special permit. [Note 4]
Plaintiffs Philip, Susan, Ryan, Edward and Jean ("Abutters 2") filed their unverified Complaint (09 MISC 396124) on March 23, 2009, appealing, pursuant to G. L. c. 40A, § 17, the decision (the "Planning Board Decision") of Defendant Town of Winthrop Planning Board (the "Planning Board") which unanimously approved a Project Plan Review Special Permit (the "Special Permit") under the SDOD for the Trust to convert the former hospital on Locus to seventy-four condominium units. On April 24, 2009, the Trust filed its Answer. The Trust filed its Motion for Summary Judgment on December 14, 2009, together with supporting memorandum, Statement of Material Facts, Index including excerpts of Depositions of Philip Lundberg, Jean Wall, and Edward Wall, and Affidavits of Tina P. Brzezenski and James Cipoletta, Esq. Abutters 2 filed their Opposition, together with supporting memorandum, Statement of Additional Facts, and Affidavits of Philip Lundberg, Jean Wall, Edward Wall, and William R. DiMento, Esq. On March 2, 2010, the Trust filed its Reply. A hearing was held on the summary judgment motion on April 12, 2010, and the matter was taken under advisement. A decision of today's date (the "Decision") has been issued.
In accordance with the Decision, it is:
ORDERED and ADJUDGED that Susan and Ryan have no standing to challenge the Planning Board Decision.
ORDERED and ADJUDGED that Philip's speculative "fear and belief" of decreased on-street public parking is insufficient to confer standing.
ORDERED and ADJUDGED that Philip's fear and speculation of increased traffic, without more, is insufficient to confer standing.
ORDERED and ADJUDGED that Philip's speculative "fear and belief" of insufficient water pressure for fire suppression and insufficient sewer capacity do not confer standing.
ORDERED and ADJUDGED that Philip's fear and belief that the Project will cause a diminution in his property value are insufficient to confer standing.
ORDERED and ADJUDGED that Philip does not have standing to challenge the Planning Board Decision.
ORDERED and ADJUDGED that Edward and Jean's concerns regarding increased on-street public parking do not confer standing.
ORDERED and ADJUDGED that Edward's and Jean's speculations as to increased traffic do not confer standing.
ORDERED and ADJUDGED that Edward's and Jean's speculative "fear and belief" of insufficient water pressure for fire suppression and insufficient sewer capacity do not confer standing.
ORDERED and ADJUDGED that Edward's and Jean's speculations as to diminution in the value of their property do not confer standing.
ORDERED and ADJUDGED that Edward and Jean do not have standing to challenge the Planning Board Decision.
ORDERED and ADJUDGED that I ALLOW the Trust's Motion for Summary Judgment. [Note 5]
By the court. (Sands, J.)
Attest:
Deborah J. Patterson
Recorder
Dated: January 19, 2011
to encourage the redevelopment and re-use of existing nonresidential properties in a manner compatible with surrounding neighborhoods or commercial areas; to prevent disinvestment and deterioration of nonresidential buildings that have become obsolete for their original purposes by allowing other economic uses, including but not limited to residential uses; to protect and enhance the value of real property; and to provide regulatory flexibility to achieve the foregoing.
PHILIP LUNDBERG, SUSAN LUNDBERG, RYAN MURPHY, JEAN WALL and EDWARD WALL vs. RICHARD DIMES, PETER ROACHE, JOHN CROSBY, DAVIS PROCTOR and PETER BOYLE, as they are members of the TOWN OF WINTHROP PLANNING BOARD, and WINTHROP COVE REALTY TRUST