This cause came on to be heard upon motion of Defendant, CMA Realty Trust ("CMA") for summary judgment, and was argued by counsel. In reviewing all those matters entitled to consideration under Mass. R. Civ. P. 56, including the pleadings and affidavits, I find that there are no genuine issues of material fact. Community National Bank v. Dawes, 369 Mass. 550 (1976).
This is an appeal from a site plan approval granted CMA by the Franklin Board of Appeals. The only matter at issue is whether or not CMA was required by the Zoning By-Law or otherwise to provide the Planning Board with traffic studies as a prerequisite to site plan approval.
While it is uncontroverted that the Franklin Department of Public Works recommended a traffic study, there is nothing in the by-law, statutes or otherwise requiring the Planning Board to follow those recommendations and, accordingly, it is
ADJUDGED AND ORDERED that CMA's Motion for Summary Judgment is allowed.
By the Court
ROBERT P. BOWEN vs. FRANKLIN BOARD OF APPEALS and RALPH MAHR, BERNARD MULLANEY, and DALE LIPPERT, as they are members of and constitute the FRANKLIN BOARD OF APPEALS, and CMA REALTY TRUST CO., WAYNE SIMARRIAN and LINDA J. GIALLONARDO.