Home ANNE C. HARRIS and FRANK DEIULIS, as TRUSTEES of WILSON POND REALTY TRUST v. KENNETH WARD, as BUILDING INSPECTOR of the TOWN OF ROWLEY, and NATHANIEL N. DUMMER, et al., as they are MEMBERS of the BOARD OF APPEALS for the TOWN OF ROWLEY.

MISC 00-262137

September 27, 2018

Essex, ss.

SCHEIER, J.

JUDGMENT

Plaintiffs initiated this action on February 14, 2000. They appeal, pursuant to G. L. c. 40A, ยง 17, two related decisions of the Town of Rowley Board of Appeals (Board), whose members are Defendants. The decisions upheld the Building Inspector's determination that two lots owned by Plaintiffs do not have legal frontage and therefore are not buildable. Plaintiffs proposed to build single-family dwellings, one on each of two lots they own on a way referred to as Meetinghouse Road, but had not yet prepared plans for construction on the lots. The Board upheld the so-called Permit Denials on the basis that both lots lacked legal frontage and required a variance. This appeal followed.

After trial, the parties attempted to reach agreement, but reported that they were unable to do so. This court issued a decision of today's date affirming the Board's decisions. Therefore, it is

ADJUDGED and ORDERED the decisions of Board in Zoning Board of Appeals in Case nos. A0-07 and A0-08 hereby are AFFIRMED, and this case hereby is DISMISSED.

By the Court