PLAINVILLE ASPHALT CORP. v. TOWN OF PLAINVILLE

In this action, commenced April 29, 2010, plaintiff Plainville Asphalt Corp. (“Plaintiff” or “PAC”), seeks declaration under G. L. c. 240, § 14A as to the application of the Plainville Zoning Bylaw (“Bylaw”) to its property, known and numbered as 3 Belcher Street in Plainville (“locus”).

This case came on for hearing on cross-motions for summary judgment. In a decision of even date, the court (Piper, J.) has denied PAC’s motion for summary judgment and allowed the defendant Town of Plainville’s cross-motion. In the decision, the court has determined that the manufacture of bituminous concrete product at the locus is prohibited by the Plainville Zoning Bylaw, and that the manufacture of bituminous concrete product at the locus is not exempt from that prohibition as a prior existing nonconforming use under Zoning Bylaw § 3.1 and G. L. c. 40A, § 6, because the nonconforming use has been discontinued for the relevant length of time.

In accordance with the court’s Decision issued today, it is

ORDERED, ADJUDGED, and DECLARED that the Town Zoning Bylaw does not permit bituminous concrete production on the locus as-of-right, regardless of off-site impact. It is further

ORDERED, ADJUDGED, and DECLARED that Plaintiff is not entitled to produce bituminous concrete at the locus under either the Bylaw or G.L. c. 40A, § 6 as a prior nonconforming use. It is further

ORDERED and ADJUDGED that no damages, fees, costs or other amounts are awarded to any party.

By the Court. (Piper, J.)