This case involves Plaintiff Murray Marketing, Inc.s G.L. c. 40A, § 17 appeal from a decision of the City of Worcester Zoning Board of Appeals (the Board), which denied Plaintiffs special permit application for a billboard on premises located at 212 Summer Street in Worcester. The Plaintiff challenges the special permit denial as being legally untenable, arbitrary, and capricious. More specifically, the Plaintiff challenges the Boards determination that the proposed billboard would block the view corridor from Interstate Highway I-290 (I-290) to the Citys historically and architecturally significant Union Station, disputes that the Citys long-range planning goals can be a proper basis for denial of a special permit, and contends that the denial of the special permit for a billboard is arbitrary and capricious in view of the fact that the Citys Zoning Ordinance (the Ordinance) would permit the by-right construction of a large office building on the subject site which would completely block the view of Union Station from I-290.
A de novo trial was conducted on November 5, 2012, at which four (4) witnesses testified, and eighteen (18) exhibits were admitted into evidence. Following the trial, the parties each submitted proposed findings of fact and rulings of law. Now, for the reasons stated in the Decision issued by the court (Cutler, J.) on October 9, 2013, it is hereby:
ADJUDGED, ORDERED and DECLARED that the Boards Decision denying the Plaintiffs special permit application for an off-premises sign at 212 Summer Street was within the Boards authority and, accordingly, it is further
ADJUDGED AND ORDERED that the Plaintiffs G.L. c. 40A, § 17 appeal is hereby Dismissed.
SO ORDERED.
MURRAY MARKETING, INC. v. CITY OF WORCESTER ZONING BOARD OF APPEALS AND ITS MEMBERS, LEONARD CIUFFREDO, KOLA AKINDELE, LAWRENCE ABRAMOFF, ANDREW FREILICH, BRIAN MURPHY, DAVID GEORGE, VADIM MICHALJLOW and WILLIAM BILOTTA, JR.