Michael F. Furlong, Maria Castro, David Frank, Shannon ODonnell, Michele Cormier, Mark A. Perez, Harold C. Le Sage, Jr., Dolores T. Jordan, and Priscilla Lord filed their complaint on February 17, 2012 naming as defendants the members of the Salem Zoning Board of Appeals (ZBA) and BHCM, Inc. d/b/a Brewer Hawthorne Cove Marina (Brewer). The complaint contains one count, an appeal pursuant to G.L. c. 40A, § 17, of a variance issued by the ZBA to Brewer in a Decision dated February 1, 2012. Brewer filed its answer on March 23, 2012. The motion to dismiss Maria Castro, David Frank, Shannon ODonnell, Michele Cormier, Priscilla Lord, and Kristen OConnor as plaintiffs in this case was allowed by the Court on December 12, 2012. Mark A. Perez and Harold C. Le Sage, Jr. were dismissed as plaintiffs on the first day of trial, September 11, 2013.
This case came on for trial by the court (Foster, J.), which, in a decision of even date, has made findings of fact and rulings of law.
In accordance with the courts decision issued today, it is
ORDERED, ADJUDGED and DECLARED that the claims of plaintiffs Maria Castro, David Frank, Shannon ODonnell, Michele Cormier, Mark A. Perez, Harold C. Le Sage, Jr., Dolores T. Jordan, and Priscilla Lord are DISMISSED without prejudice. It is further
ORDERED, ADJUDGED and DECLARED that the Decision of the City of Salem Zoning Board of Appeals, dated and filed with the City Clerk on February 1, 2012, granting the petition of BHCM, Inc. d/b/a Brewer Hawthorne Cove Marina for a variance from the requirements of the City of Salem Zoning Ordinance, is AFFIRMED. It is further
ORDERED AND ADJUDGED that the claims of plaintiff Michael F. Furlong are DISMISSED with prejudice.
By the Court.
MICHAEL F. FURLONG, and DOLORES T. JORDAN v. BONNIE BLAIR, RICHARD DIONNE, JAMIE METSCH, JIMMY TSITSINOS, ANN HARRIS, as they are members of the Salem Zoning Board of Appeals, and BHCM INC. d/b/a BREWER HAWTHORNE COVE MARINA.