This action is a dispute between neighbors whose beachfront properties are located in the picturesque Indian Neck neighborhood of Wellfleet, overlooking Wellfleet Harbor. The genesis of this dispute was a 2014 sale by Plaintiff Janice Coady ("Mrs. Coady") (through an LLC that she and her husband managed) to Defendants Frederick and Lauren Bromberg (the "Brombergs") of property located at 195 Samoset Avenue in Wellfleet (the "Bromberg Property"), which, to that point, had been used as a rental property, and which is located next door to and downhill from Mrs. Coady's property at 205 Samoset Avenue in Wellfleet (the "Coady Property"). The following year, when the Brombergs sought (and obtained) approvals from all relevant local and state authorities to redevelop their newly-acquired beachfront property, Mrs. Coady filed suit against her new neighbors to oppose that move.
To that end, Mrs. Coady commenced this appeal by filing an unverified Complaint on January 5, 2016, appealing, pursuant to G.L. c. 40A, § 17, a decision dated December 17, 2015 (the "ZBA Decision") issued by the Town of Wellfleet Zoning Board of Appeals (the "ZBA"), which granted a special permit (the "Special Permit") to the Brombergs for their proposal (the "Project") to demolish a pre-existing, nonconforming dwelling (the "Existing Dwelling") on the Bromberg Property and to rebuild a new dwelling (the "New House") roughly in the same footprint as the Existing Dwelling. The ZBA Decision also granted the Brombergs an exemption (the "Floodplain Exemption") for the Project from certain floodplain regulations set forth in the Wellfleet Zoning Bylaw (the "Bylaw").
A case management conference was held on February 2, 2016. The parties appeared for status conferences on April 26, 2016, July 21, 2016, and September 6, 2016. The parties appeared for a pre-trial conference on November 21, 2016, at which the possibilities of resolving this case by either trial or by summary judgment were discussed. On December 22, 2016, the Brombergs filed a motion requesting that the case be set down for trial. At a telephone status conference held on January 10, 2017, the court scheduled the case for trial on February 6-8, 2017. A site view and the first day of trial (at the Orleans District Court) was held on February 6, 2017. The second day of trial was held at the Land Court in Boston on February 7, 2017, following which the trial concluded without need for a third day of testimony. Mrs. Coady filed her post-trial brief on April 4, 2017 and the Brombergs filed theirs on April 6, 2017. [Note 1] At that time the matter was taken under advisement.
At trial, Mrs. Coady called two witnesses: Susan Glynn (real estate appraiser) ("Glynn") and Mrs. Coady's husband, Kevin Coady ("Mr. Coady"). Mrs. Coady also had intended to call David Bennett (environmental consultant) ("Bennett"), but he was unavailable to testify at trial, so his deposition transcript was submitted as an exhibit in lieu of live testimony by agreement of the parties. The Brombergs called five trial witnesses: Hillary Greenberg-Lemos (Wellfleet Health and Conservation Agent) ("Greenberg-Lemos"), Peter Haig (architect) ("Haig"), Linda Coneen (real estate appraiser) ("Coneen"), John O'Reilly (civil engineer) ("O'Reilly"), and Defendant Frederick Bromberg ("Mr. Bromberg") himself. The parties jointly submitted fifty-two exhibits into evidence.
Of even date hereof, this court has issued a Decision (the "Decision"). NOW, THEREFORE, for the reasons stated in the Decision, it is hereby:
ORDERED and ADJUDGED that Mrs. Coady, as a direct abutter to the Bromberg Property, is a party in interest under G.L. c. 40A, § 11, and is thus presumed to have standing--a presumption that the Brombergs have the burden of proof to rebut.; and,
ORDERED and ADJUDGED that the Brombergs have rebutted Mrs. Coady's statutory presumption of standing; and,
ORDERED and ADJUDGED that Mrs. Coady has met her burden of articulating a viable claim of aggrievement, and thus has standing to challenge the ZBA Decision; and,
ORDERED and ADJUDGED that the Special Permit satisfies all relevant requirements of the Bylaw, and therefore the ZBA did not act arbitrarily, capriciously, or unreasonably in granting it; and,
ORDERED and ADJUDGED that the Floodplain Exemption satisfies all relevant requirements of the Bylaw, and therefore the ZBA did not act arbitrarily, capriciously, or unreasonably in granting it; and,
ORDERED and ADJUDGED that the ZBA Decision is AFFIRMED and UPHELD in all respects and that JUDGMENT is hereby granted in favor of the Brombergs.
SO ORDERED.
JANICE COADY vs. ROGER PUTNAM, THEODORE HEYLIGER, MICHAEL LYNCH, SHARON INGER, DON PALLADINO, BRUCE DRUCKER, VERNON JACOB, WILLIAM NICHOLSON, and TREVOR PONTBRIAND, Members of the BOARD OF APPEALS OF THE TOWN OF WELLFLEET, THE TOWN OF WELLFLEET, FREDERICK BROMBERG, and LAUREN BROMBERG.