M. Therese Burdo and Robert T. Miragliuolo filed their complaint in this action on September 19, 2012, naming as defendants the members of the Chelmsford Zoning Board of Appeals (Board) and Terrance and Valerie Murphy (Murphys). The complaint is an appeal pursuant to G.L. c. 40A, § 17, of Findings and Decision of the Board dated August 30, 2012, granting a variance for a side yard setback to the Murphys (Decision). By an Order of Remand issued June 25, 2015, the court (Foster, J.) ordered this case remanded so that the Board could make further detailed findings on all the elements required for a variance pursuant to G.L. c. 40A, § 10, address whether a rear yard setback variance was needed, and address the applicability of a contiguous upland requirement in the Bylaw.
Plaintiffs filed their Complaint After Remand on December 4, 2015, appealing the Board's Decision Upon Remand dated November 19, 2015, once again granting a variance to the Murphys for the side yard setback (Decision on Remand). The case was tried on July 7-8, 2016. Plaintiffs' Post Trial Brief was filed on November 14, 2016. The Murphys' Post-Trial Memorandum was filed on November 17, 2016. The court heard closing arguments on December 2, 2016, and took the matter under advisement. In a Decision of even date, the court (Foster, J.) has made findings of fact and rulings of law.
In accordance with the court's Decision issued today, it is
ORDERED, ADJUDGED and DECLARED that the Decision on Remand with respect to Finding no. 1 is AFFIRMED. It is further
ORDERED, ADJUDGED and DECLARED that the Decision on Remand with respect to Finding no. 2 is AFFIRMED. It is further
ORDERED, ADJUDGED and DECLARED that the Decision on Remand with respect to Finding no. 3 is REMANDED to the Board for proceedings consistent with the court's Decision of even date.
By the Court.
M. THERESE BURDO and ROBERT T. MIRAGLIUOLO v. JOHN R. BLAKE, JR., BRIAN REIDY, LEONARD R. RICHARDS, JR., PAUL J. HAVERTY, WALTER CHAGNON, EILEEN M. DUFFY, JOEL J. LUNA, and MARK CAROTA, all in their capacity as members of the CHELMSFORD ZONING BOARD OF APPEALS, TERRANCE MURPHY, and VALERIE MURPHY.