RCA Development, Inc. (RCA) and Michelle Annese (Annese) filed their complaint in this action on December 16, 2016, naming the members of the Brockton Zoning Board of Appeals (ZBA) as defendants. The complaint is an appeal pursuant to G.L. c. 40A, §17, of the ZBA's decision dated November 29, 2016 (Decision), denying the Plaintiffs' appeal of the Building Inspector's denial of their application for a building permit to construct a residence on a vacant lot on Braemoor Road in Brockton (Locus). Annese is the record owner of the Locus by a deed from Selma Kovner, Trustee of the Selma Kovner Trust Agreement dated April 5, 2016, and recorded on April 15, 2016, with the Plymouth County Registry of Deeds at Book 46809, Page 239.
On May 19, 2017, Plaintiffs' Motion for Summary Judgment, Defendants' Motion for Summary Judgment, Memorandum in Support of Defendants' Motion for Summary Judgment, and Joint Statement of Agreed Upon Facts were filed. On May 30, 2017, Plaintiffs' Opposition to Defendants' Motion for Summary Judgment was filed. On May 31, 2017, Defendants' Opposition to Plaintiffs' Motion for Summary Judgment was filed. On June 12, 2017, Plaintiffs' Reply Brief to Defendants' Opposition to Plaintiffs' Motion for Summary Judgment was filed.
The cross-motions for summary judgment came to be heard on June 14, 2017. In a Memorandum and Order of even date, the court (Foster, J.) allowed the Plaintiffs' Motion for Summary Judgment and denied the Defendants' Motion for Summary Judgment.
In accordance with the court's Memorandum and Order issued today, it is
ORDERED, ADJUGDED and DECLARED that the Decision is ANNULLED. It is further
ORDERED, ADJUGDED and DECLARED that this action is REMANDED to the ZBA, which is ordered to instruct the Building Inspector to issue the building permit for a residence on the Locus, pursuant to the conditions set forth in § 27-12 of the Brockton Zoning Ordinance, consistent with this court's Memorandum and Order of even date.
SO ORDERED.
RCA DEVELOPMENT, INC. and MICHELLE ANNESE v. KENNETH GALLIGAN, MICHAEL WILLIAMS, STEPHEN BERNARD, JEFFREY CHARNEL, GARY KEITH, and ROBERT PELAGGI, as they are Members of the CITY OF BROCKTON ZONING BOARD OF APPEALS.