In this action, commenced on May 14, 2008 with the filing of the complaint pursuant to G.L. c. 40A, §17 by Stephen N. DiGiovanni, as trustee of DLQ Realty Trust and of GCQ Realty Trust, and BSC-Truro Ventures, LLC (Plaintiffs), Plaintiffs appeal a decision (Decision) of the Board of Appeals of the Town of Truro (Board or ZBA) that overturned the Building Commissioners determination, in which he declined to take enforcement action against Plaintiffs property, located at 1-6 Carlins Way in Truro. On February 1, 2008 Private Defendants [Note 1] filed an administrative zoning appeal (Appeal) pursuant to G.L. c. 40A §§ 8, 15 to the ZBA from the Building Commissioners decision. On April 14, 2008 the ZBA voted to grant the Appeal, and to overturn the decision of the Truro Building Commissioner. This Decision by the Board was filed with the Truro Town Clerk on April 24, 2008.
This case came on for trial by the court (Piper, J.), which, in a decision of even date, has made findings of fact and rulings of law.
In accordance with the courts decision issued today, it is
ORDERED and ADJUDGED that the Decision of the Truro Board of Appeals, filed with the Clerk of the Town of Truro on May 14, 2008, is not arbitrary or capricious; is not contrary to law or based on legally untenable grounds; is not in excess of the Boards authority; is not otherwise lawfully entitled to be annulled or modified, and is upheld. It is further
ORDERED and ADJUDGED that, Ann Fausto-Sterling is DISMISSED as a party to this action. It is further
ORDERED that no fees, costs, or other amounts are awarded to any party.
By the Court. (Piper, J).
[Note 1] Private Defendants are individual property owners (i.e., Catherine Black, Peter Black, Scott Comstock, Kathleen Comstock, Ellen Schiereck, Elizabeth Sluzis, Marvin Cohen, Anne Cohen, Caroline Jaenicke, Richard Jaenicke, Leo Vannoni, Theresa McNamara-Moreira, Sandra Comerchero, Sam Comerchero, Richard Courtney, Ann Courtney, David Hoffman, Beth Andrews, David Clive, Gloria Vigliani, Helen Goodman, Jerry Goodman, Carol Green as Trustee, David Kelly, Denise Kelly, Mary Wright, Wright Family Nominee Trust, Milton and Mary Wright Revocable Living Trust, Fay Greenwald, Laurine Bow, Katherine Jarvis, Judith A. Schmidt, John Strand, Sandra Williams, Emily Porris, Donna McLaughlin, Steve McLaughlin, Kathryn Kogan, Chuck Kogan, and Ann Fausto-Sterling). The remaining defendants are the Municipal Defendants, the members of the Board (i.e., Norman Pope, Keith Althaus, Marinna Matricardi, Janice Allee, and Alan Efromsom).