This action, which commenced September 25, 2013 with the filing of a complaint by Kevin and Maryellen Luttrell (the Luttrells) and Matthew and Lisa Braccio (the Braccios), is an appeal under G. L. c. 40A, §17, seeking judicial review of a decision (Decision) of the Zoning Board of Appeals (Board) of the Town of Southborough, whose members are defendants, in which they granted a special permit to defendant William DePietri for construction of a fifteen-unit age-restricted multi-family dwelling pursuant to section 174-9H of the Southborough zoning bylaw.
This case came on for hearing on cross motions for summary judgment on February 24, 2015. In a decision of even date, the court (Speicher, J.) has determined that the defendants are entitled to judgment as a matter of law. In accordance with the courts decision issued today, it is
ORDERED and ADJUDGED that the summary judgment motion of the plaintiffs is DENIED and the cross motions for summary judgment of the defendants are ALLOWED. It is further
ORDERED and ADJUDGED that the plaintiffs are not aggrieved persons within the meaning of G. L. c. 40A, §17 and have no standing to maintain this appeal. It is further
ORDERED and ADJUDGED that the Decision of the Southborough Zoning Board of Appeals is not beyond the scope of authority of the Board; is not arbitrary, capricious, unreasonable, or contrary to law; and is AFFIRMED, and shall stand as issued. It is further
ORDERED that no costs, fees, damages, or other amounts are awarded to any party.
By the Court.
KEVIN and MARYELLEN LUTTRELL, and MATTHEW and LISA BRACCIO v. LEO BARTOLINI, DAVID EAGLE, THOMAS BHISTKUL, PAUL DREPANOS, and LISA CAPPELLO, as They Are Members of the SOUTHBOROUGH ZONING BOARD OF APPEALS, and WILLIAM DePIETRI.