DAVID BLOOMGARDEN, et al. v. SHAWN LEARY CONSIDINE, et al., as they are MEMBERS of the ZONING BOARD OF APPEALS OF THE TOWN OF LENOX, and FRONT YARD, LLC.

Pursuant to G. L. c. 40A, § 17, David Bloomgarden, Jane Bloomgarden, Joseph A. Jackson and Thomas A. Sebestyen and others appealed the grant of a special permit by the Zoning Board of Appeals of the Town of Lenox (Board), whose members are Defendants, to Defendant Front Yard, LLC (Front Yard). The special permit relates to the Lenox portion of Front Yard's property located in both Lenox and Stockbridge. The property is a historical estate known as "Elm Court." The majority of the property and all structures on it are located in Stockbridge, but the property's frontage and access is located in Lenox.

Front Yard, seeking to convert the existing structure and property into a resort, obtained a special permit from the Stockbridge Board of Selectmen approving the proposed resort use. Subsequently, Front Yard applied for and received a special permit from the Lenox Board for access to the proposed resort over the Lenox portion of the property (Special Permit Decision).

A one-day trial was held on August 16, 2016, in Berkshire County. A decision of today's date has issued. In accordance with that decision, it is hereby

ORDERED and ADJUDGED Barney Edmonds, Julie Edmonds, Richard Grausman and Susan Grausman, all of whom were original plaintiffs and joined in the original complaint and participated throughout, but who failed to appear and participate at trial, hereby are defaulted; and it is hereby

ORDERED, ADJUDGED and DECLARED that the Special Permit Decision issued by the Lenox Zoning Board of Appeals to Front Yard, LLC, is hereby AFFIRMED; and it is further

ORDERED and ADJUDGED that the complaint is DISMISSED, with prejudice.

By the court