Home ROBERT G. RICE v. ELIZABETH T. QUIRK, NANCY G. RUBENSTEIN, STEPHEN A. GARANIN, JONATHAN G. GOSSELS, and JONATHAN F.X. O'BRIEN, as they are the Members of the Town of Sudbury Zoning Board of Appeals, and THOMAS E. POWERS, Trustee of R&K Realty Trust

MISC 10-444118

September 19, 2012

Scheier, C.J.


This is an appeal pursuant to G. L. c. 40A, §. 17, in which Plaintiff appeals a decision of the Town of Sudbury Zoning Board of Appeals (ZBA) which overturned a determination by the Sudbury Building Inspector that two adjacent lots, Lots 5A (Locus) and 6A, both shown on a plan entitled “Plan of Lots Owned by Walter A. Beckett Sudbury, Mass. Scale- inch-40 feet June 1967” by Arthur M. King, Surveyor, Waltham, Mass. recorded with Middlesex South District Deeds as Plan No. 496 of 1968 in Book 11505, at Page 675, merged for zoning purposes, rendering Locus unbuildable. Plaintiff initiated this action by filing a complaint on December 29, 2010, alleging the ZBA’s decision exceeded its authority. Subsequently the parties cross-moved for summary judgment. A hearing was held on both motions on December 15, 2011, at which all parties were heard.

A decision of today’s date has issued in favor of Plaintiff. In accordance with that decision it is hereby

ADJUDGED and ORDERED that, to the extent Locus was a buildable lot on May 6, 1971, it merged for zoning purposes when Locus was conveyed into Robert M. Bozeman and Angelyne R. Bozeman, Trustees of A. & B. Realty Trust on that date; it is further

ADJUDGED and ORDERED that Plaintiff’s Motion for Summary Judgment is GRANTED and Defendant Powers’ Motion for Summary Judgment is DENIED; and it is further

ADJUDGED and ORDERED that the decision of the ZBA is annulled and the determination of the Building Inspector that Locus is not a buildable lot is reinstated.

By the Court. (Scheier, C. J.)