Joseph W. Burm and Susan D. Burm, Trustees of the Slough Cove Trust (Plaintiffs), filed this action on November 6, 2008, appealing a Decision of the Edgartown Zoning Board of Appeals (Board) denying their application for a special permit which would have allowed them to erect an open wooden staircase leading to a second floor deck on their summer home at 65 Slough Cove Road in that town. They had sought and received a similar special permit in 2001 which allowed them to erect a stone tower, but had chosen not to exercise it.
Following a Case Management Conference on February 3, 2009, Plaintiffs filed a Motion for Summary Judgment with accompanying memoranda and brief on June 1, 2009. The Board responded with its opposition and other documents on August 3, 2009. Hearings on the motion were scheduled on several occasions but were postponed at the request of counsel. The motion and opposition were argued before the Court on February 25, 2011. A Decision has been entered this day denying Plaintiffs Motion for Summary Judgment and granting summary judgment in favor of the Board. In accordance with that Decision, it is hereby
ORDERED and ADJUDGED that Plaintiffs Motion for Summary Judgment be, and is hereby, DENIED; and it is further
ORDERED and ADJUDGED that the decision of the Board denying Plaintiffs application for special permit was within its discretion and was not arbitrary or capricious; and
it is further
ORDERED and ADJUDGED that the complaint be, and is hereby, dismissed with prejudice.
By the Court. (Trombly, J.)
JOSEPH W. BURM and SUSAN D. BURM, Trustees of the SLOUGH COVE TRUST v. MARTIN TOMASSIAN, RICHARD KNIGHT, CAROL GRANT, JOHN MAGNUSON and NANCY WHIPPLE, as they constitute the TOWN OF EDGARTOWN ZONING BOARD OF APPEALS