Plaintiffs Stephen J. Russo and Diana L. Russo (the Stephen Russos) and James V. Russo and Lorraine P. Russo (the James Russos) (together, Plaintiffs) filed their unverified complaint on June 10, 2009, appealing, pursuant to the provisions of G. L. c. 40A, § 17, a decision of Defendant Town of Hubbardston Zoning Board of Appeals (the ZBA) which upheld a decision of the Hubbardston Building Inspector (the Building Inspector) that Lot 562 and Lot 564, both located on Chicopee Drive (Locus) were not grandfathered, buildable lots. A case management conference was held on August 11, 2009. Plaintiffs filed their Motion for Summary Judgment on February 1, 2010, together with supporting memorandum, Statement of Undisputed Material Facts, and Affidavits of Stephen Russo and James Russo. On March 1, 2010, the ZBA filed its Cross-Motion for Summary Judgment and Opposition to Plaintiffs motion, together with supporting memorandum. Plaintiffs filed their Opposition on March 9, 2010. A hearing was held on both motions on Wednesday, July 28, 2010, and both motions were taken under advisement. A Decision of todays date (the Decision) has been rendered.
In accordance with the Decision it is:
ORDERED and ADJUDGED that Lot 562 and Lot 564 were not under common control at the time the Town of Hubbardston enacted its Zoning By-law (the By-law), and that the ZBA made an error of law in finding that Lot 562 and Lot 564 did not have grandfather status.
ORDERED and ADJUDGED that Plaintiffs Motion for Summary Judgment is ALLOWED and the ZBAs Cross-Motion for Summary Judgment is DENIED.
By the court. (Sands, J.)