On November 14, 2011, Plaintiffs John D. Sullivan and Kathleen R. Sullivan ("the Plaintiffs" or "the Sullivans") appealed, under G.L. c.40A §17, from a decision of the Town of Barnstable Zoning Board of Appeals ("the ZBA") denying the Sullivans' request for modification of a lot coverage variance granted in 2010.
A one-day trial was held in Boston on October 26, 2015. Four witnesses testified and twelve exhibits were admitted into evidence. The Parties filed their post-trial memoranda on August 8, 2016. Closing arguments were heard on November 15, 2016. Now, in accordance with the findings of fact and rulings of law set forth in the Decision, dated July 9, 2018 and issued herewith, it is hereby:
ORDERED, ADJUDGED, and DECLARED that the decision of the Town of Barnstable Zoning Board of Appeals denying the Plaintiffs' request for modification of the 2010 lot coverage variance was neither legally untenable, nor unreasonable, whimsical, capricious, or arbitrary, and therefore did not exceed the ZBA's authority; and it is further
ORDERED and ADJUDGED that Plaintiffs' G.L. c. 40A, § 17 appeal of said decision is accordingly DISMISSED.
SO ORDERED.
JOHN D. SULLIVAN and KATHLEEN R. SULLIVAN v. LAURA F. SHUFELT, WILLIAM H. NEWTON, CRAIG G. LARSON, ALEX M. RODOLAKIS, and GEORGE T. ZEVITAS, as they are Members of the ZONING BOARD OF APPEALS OF THE TOWN OF BARNSTABLE, and the TOWN OF BARNSTABLE.