Plaintiffs Cathleen Foley-Dupuy, individually and as Trustee of J.V. Realty Trust, and Matthew J. Dupuy (collectively, Foley-Dupuy) appealed, pursuant to G. L. c. 40A, § 17, a decision of the Town of Barnstable Zoning Board of Appeals (Board) upholding a Cease and Desist Order and a Notice of a Zoning Violation issued by the Building Commissioner (Commissioner) on September 13, 2006.
The parties presented the case as a case stated, based on stipulated facts and other evidence and without a formal trial. Accordingly, the parties submitted a Joint Statement of Agreed Evidence and forty exhibits. A case stated hearing was held on April 14, 2014, at which all parties were heard. A decision of todays date has issued. In accordance with that decision, it is hereby:
ADJUDGED and ORDERED that the decision of the Board to uphold the Cease and Desist Order and Notice of a Zoning Violation issued by the Commissioner is AFFIRMED. The Boards decision was not based on legally untenable grounds and was not unreasonable, whimsical, capricious or arbitrary.
By the Court.