Home MARJORIE M. WYLDE, PAUL MAHER, PATRICIA PATTERSON, RONALD TURBIN, JUDITH TURBIN, DAVID KEISER-CLARK, ERIN KEISER-CLARK, HENRY BRATCHER, JR. as trustee of Cold Spring South Nominee Trust, JAMES MACGREGOR BURNS, NICHOLAS WRIGHT and JOAN SAFFORD WRIGHT v. ROBIN MALLOY, SARAH GARDNER, RICHARD DEMAYO, GEORGE SARROUF and JOHN HOLDEN as members of the TOWN OF WILLIAMSTOWN PLANNING BOARD, CHARLES FOX and JOAN BURNS. CHARLES FOX v. MARJORIE M. WYLDE, PAUL MAHER, PATRICIA PATTERSON, RONALD TURBIN, JUDITH TURBIN, DAVID KEISER-CLARK, ERIN KEISER-CLARK, HENRY BRATCHER, JR. as trustee of Cold Spring South Nominee Trust, JAMES MACGREGOR BURNS, NICHOLAS WRIGHT and JOAN SAFFORD WRIGHT. ROBIN MALLOY, SARAH GARDNER, RICHARD DEMAYO, GEORGE SARROUF and JOHN HOLDEN as members of the TOWN OF WILLIAMSTOWN PLANNING BOARD and RICHARD DEMAYO, PATRICK DUNLEAVY, CHRISTOPHER WINTERS, ANDREW HOGELAND and ANN MCCALLUM as members of the TOWN OF WILLIAMSTOWN PLANNING BOARD at the time of the Board's November 10, 2010 response to the Land Court's questions on Remand.

MISC 06-324035

October 6, 2014

Berkshire, ss.

LONG, J.

JUDGMENT

With:

For the reasons set forth in the court’s Decision of this date, since the northern section of Bee Hill Road provides adequate access to the proposed Foxwood Lane subdivision within the scope and meaning of Section 170-2.3(C) and the Williamstown Planning Board’s finding to the contrary was arbitrary and capricious, the Board is hereby ORDERED to grant waivers from strict compliance with its Subdivision Rules and Regulations. For the reasons set forth in the court’s July 10, 2009 decision, the Board’s grant of such waivers for the southern section of Bee Hill Road is AFFIRMED and the plaintiffs’ appeal from that grant is DISMISSED, WITH PREJUDICE. Upon the applicants’ showing of compliance with Rules and Regulations Section 170-4.3.D(1)’s requirements regarding overspill height and the slope of basins, Section 170-4.3.D(2)(a)’s requirements regarding the two-foot separation between the base of basins and the water table and the timeframe for collecting data, and Section 170-4.3.D(2)(b)’s requirement regarding the construction of basins below grade and on fill, the Board’s grant of subdivision approval (see Board Decision dated May 16, 2006 and Board Decision dated January 28, 2008) is AFFIRMED and the plaintiffs’ appeal from that grant is DISMISSED, WITH PREJUDICE.

SO ORDERED.