Richard D. Fanning (Fanning) filed a complaint on July 11, 2014, naming as defendants the members of the Cambridge Board of Zoning Appeal (BZA). The complaint is an appeal pursuant to G.L. c. 40A, § 17, of the BZAs decision of June 23, 2014, denying Fannings application for a variance and special permit (Decision).
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 Decision is ANNULLED. It is further
ORDERED, ADJUDGED and DECLARED that this action is REMANDED to the BZA, which is ordered to issue the special permit consistent with the courts decision of even date. It is further
ORDERED, ADJUDGED and DECLARED that Fanning may apply to the Cambridge Inspectional Services Department (ISD) for a building permit for an exterior staircase, and ISD is ordered to issue the building permit without requiring any relief under the Cambridge Zoning Ordinance or any further proceedings before the BZA.
By the Court.