This action, filed pursuant to G. L. c. 40A, §17, came on to be heard by the court (Speicher, J.) on the plaintiffs motion for summary judgment and the defendants cross-motion for summary judgment on April 22, 2016. 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 and ADJUDGED that the motion for summary judgment of the plaintiffs Kevin Luttrell, Maryellen Lutrell, Matthew Braccio and Lisa Braccio, is DENIED, and the cross-motion for summary judgment of the defendants, as they are the members of the Town of Southborough Zoning Board of Appeals, and William DePietri, Trustee of the Absolut Realty Trust, is ALLOWED, and it is further
ORDERED and ADJUDGED that the decision of the Town of Southborough Zoning Board of Appeals dated and filed with the Southborough Town Clerk on November 19, 2016, is hereby AFFIRMED, and it is further
ORDERED that no costs, fees, damages or other amounts are awarded to any party.
By the Court
KEVIN LUTTRELL, MARYELLEN LUTTRELL, MATTHEW BRACCIO and LISA BRACCIO v. LEO F. BARTOLINI, DAVID EAGLE, THOMAS BHISITKUL, ANDREW DENNINGTON, JR., and PAUL DePRANOS, as they are members of the SOUTHBOROUGH ZONING BOARD OF APPEALS, and WILLIAM DePIETRI, as TRUSTEE of the ABSOLUT REALTY TRUST.