11 GOULD STREET, LLC, v. ROBERT SALTZMAN, WILLIAM SULLIVAN, R. MICHAEL DUFOUR, TOBIN SHULMAN, AND NATHANIEL CRAMER, as they are MEMBERS of the TOWN OF STONEHAM BOARD OF APPEALS.
SCHEIER, J.
Plaintiff 11 Gould Street, LLC initiated this action on May 14, 2015, pursuant to G. L. c. 40A, § 17, challenging the decision (Decision) of the Town of Stoneham Board of Appeals (Board) upholding an Enforcement Order issued by the Towns Building Inspector. The Building Inspector determined Plaintiff was conducting a towing operation at 11 Gould Street in Stoneham and that such use is neither permitted as-of-right in a Commercial zoning district, nor is it permitted under previously granted site plan approvals and a special permit.
The case was heard on the Boards Motion for Summary Judgment and a decision affirming the Decision has issued. In accordance with that decision, it hereby is
ADJUDGED and ORDERED the Decision of the Board upholding the Building Inspectors Enforcement Order was not legally untenable, or unreasonable, whimsical, capricious or arbitrary and hereby is affirmed, and it is further
ADJUDGED and ORDERED the terms of the Building Inspectors Enforcement Order hereby are in full force and effect.
By the court