Home ALARIC NAIMAN, Individually and as Trustee of TRANSITION STATES REALTY TRUST v. ZONING BOARD OF APPEALS FOR THE TOWN OF LINCOLN and JOHN KIMBALL, STEVE DAIGLE, JOEL FREEDMAN, JEFFERSON MACKLIN and DWIGHT QUAYLE, as they are Members of said Board, and LAWRENCE BRODNEY and MYRA Z. BRODNEY.

MISC 08-385018

February 13, 2014

Middlesex, ss.

GROSSMAN, J.

JUDGMENT

This cause came to be tried and a Decision of even date entered. That Decision is hereby incorporated herein as appropriate. In accordance therewith, it is hereby

ORDERED and ADJUDGED that the Decision of the Zoning Board of Appeals for the Town of Lincoln is AFFIRMED as set forth in the said Decision. It is further

ORDERED and ADJUDGED that the counterclaim of the Brodneys, the plaintiffs-in-counterclaim, is hereby DISMISSED. It is further

ORDERED and ADJUDGED that the Brodneys shall, at their expense, remove any portion of their driveway which encroaches beyond the easement area on Lot A. It is further

ORDERED and ADJUDGED that in lieu the four inches of topsoil the Brodneys were to provide, they shall pay to the plaintiff an amount equivalent to the cost of one hundred cubic yards of loam, such amount not to exceed $3100.00. It is further

ORDERED and ADJUDGED that the Brodneys are not required to further “restore” areas of Lot A that may have been disturbed due to the construction of their residence or driveway. It is further

ORDERED and ADJUDGED that the lighting fixtures attached to the Brodneys’ garage meets the requirements both of the Planning Board and the relevant Deed Covenants. It is further

ORDERED and ADJUDGED that the plaintiff is entitled to no “remuneration for the [alleged] devaluation of Lot C.”