Home FRANCIS RESCA and JANICE MOORE v. JAY DUCA, LAWRENCE MEADS, CITY OF CHELSEA ZONING BOARD OF APPEALS; and JOHN DEPRIEST, JANICE TATARKA, ARTHUR ARESENAULT, JOSEPH MAHONEY, and MARILYN VEGA-TORRES, in their capacities as board members and not individually.

MISC 15-000143

June 7, 2017

Suffolk, ss.

SPEICHER, J.

JUDGMENT

This action commenced on April 24, 2015, as an appeal pursuant to G. L. c. 40A, ยง17, of a decision of the City of Chelsea Zoning Board of Appeals ("Board"). The case came on for trial by the court (Speicher, J.). In a decision of even date, the court has made findings of fact and rulings of law. In accordance with the court's decision, it is

ORDERED and ADJUDGED that the decision of the Board regarding property at 30 Hillside Avenue, Chelsea, filed with the city clerk on April 6, 2015, was legally untenable and arbitrary and capricious and exceeded the Board's authority, and it is further

ORDERED and ADJUDGED that the decision of the Board regarding property at 30 Hillside Avenue, Chelsea, filed with the city clerk on April 6, 2015, is hereby ANNULLED, and it is further

ORDERED that today's decision, and this Judgment issued pursuant thereto, dispose of this entire case; the court has adjudicated or dismissed all claims by all parties in this action and has not reserved decision on any claim or defense, and it is further

ORDERED that no costs, fees, damages or other amounts are awarded to any party.

By the Court