COMMONWEALTH OF MASSACHUSETTS
THE TRIAL COURT
LAND COURT DEPARTMENT
SUZANNE PALITZ and PETER W. FINK, TRUSTEES of the 87 MAIN STREET NOMINEE TRUST v. JEFFREY KRISTAL, ANTHONY HOLAND, SUSAN FAIRBANKS, MICHAEL CIANCIO and JOHN GUADAGNO, as they are MEMBERS OF THE TISBURY ZONING BOARD OF APPEALS and KENNETH A. BARWICK, as the BUILDING INSPECTOR and ZONING ENFORCEMENT OFFICER OF THE TOWN OF TISBURY.
MISC 09-399782
Dukes, ss.
January 23, 2014
Scheier, J.
JUDGMENT
Pursuant to G. L. c. 40A, § 17, Plaintiffs appealed from a decision of the Tisbury Zoning Board of Appeals (ZBA), whose members are Defendants, upholding the denial by Tisbury Zoning Enforcement Officer of a building permit for the reconstruction of a residence on Plaintiffs’ property, located at 87 Main Street, unless Plaintiffs first secured relief from the ZBA.
The case was before the court pursuant to Plaintiffs’ Motion for Summary Judgment, which was fully briefed by both parties and argued on April 23, 2013. A decision of today’s date in favor of Defendants has issued. In accordance with that decision, it is hereby:
ADJUDGED and ORDERED that the ZBA’s decision to deny Plaintiffs’ application for a variance (and an amendment to a variance granted in 1995) was within the ZBA’s reasonable discretion. The ZBA’s decision to uphold the ZEO’s refusal of a building permit without a variance is AFFIRMED.