Plaintiffs William J. Nutt, Deborah S. Nutt, Kevin J. McKernan, Rebecca A. McKernan, Stein I. Skaane, and Jean Cragin Skaane (Plaintiffs) filed their complaint in this action on December 9, 2015. Plaintiffs complaint is an appeal pursuant to G.L. c. 40A, § 17, of the defendant Town of Marblehead Zoning Board of Appeals November 23, 2015 granting a special permit to defendants Ralph Sevinor and Meryl Sevinor for a new dwelling on their property at 22 Foster Street, Marblehead, Massachusetts (the Decision).
This case was tried on November 10 and December 5, 2016. Plaintiffs Post-Trial Brief and Post-Trial Brief of Defendants Ralph Sevinor and Meryl Sevinor were filed on January 31, 2017. The court heard closing arguments on February 15, 2017, 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 courts Decision issued today, it is
ORDERED, ADJUDGED and DECLARED that the Decision is hereby AFFIRMED. It is further
ORDERED AND ADJUDGED that Plaintiffs complaint is DISMISSED with prejudice.
By the Court.
WILLIAM J. NUTT, DEBORAH S. NUTT, KEVIN J. MCKERNAN, REBECCA A. MCKERNAN, STEIN I. SKAANE, and JEAN CRAGIN SKAANE v. CHRISTOPHER CASEY, WILLIAM BARLOW, BRUCE KRASKER, ALAN LIPKIND, and CHAIRMAN JAMES L. RUDOLPH, as they are Members of the TOWN OF MARBLEHEAD ZONING BOARD OF APPEALS, RALPH SEVINOR and MERYL SEVINOR.