This action, filed pursuant to G. L. c. 40A, §17 and G. L. c. 240, §14A, came on to be heard by the court (Speicher, J.) on the plaintiffs motion for summary judgment on Count II. In a decision of even date, the court has made rulings of law and ordered the entry of summary judgment. In accordance with the courts decision, it is
ORDERED, ADJUDGED and DECLARED that:
On Count I, the decision of the Board of Appeals upholding the cease and desist order issued by the building commissioner/zoning enforcement officer is hereby AFFIRMED; and
On Count II, the Town of Sheffield Zoning By-laws are declared to be valid and enforceable to prohibit the take-off, landing, and storage of aircraft on the plaintiffs property.
By the Court
JOHN R. HANLON v. THOMAS M. CARMODY as BUILDING COMMISSIONER and ZONING OFFICER of The Town of Sheffield; ERIC BLACKBURN, ERIC CARLSON, BART ELSBACH, WRAY GUNN, and ALLISON LASSOE, as They Are Members of the SHEFFIELD ZONING BOARD OF APPEALS; and TOWN OF SHEFFIELD.