On February 25, 2013 Michael Cohen, Edward M. Soffen, as General Partner of The Soffen Family Limited Partnership, Andrew O. Eshelman, Susan J. Shepherd, and Davi-Ellen Chabner, as Trustee of Chabner Realty Trust (collectively "Plaintiffs") filed this case appealing, pursuant to G.L. 40A, § 17, a decision of the Nantucket Planning Board ("Board"), whose members are in their official capacity defendants in this case, and seeking from the court declaratory relief against the defendant Town of Nantucket ("Town") pursuant to G.L. c. 240, § 14A. The Board's decision ("Decision") was filed with the Town Clerk on February 7, 2013, and granted a Major Commercial Development Special Permit ("MCD Special Permit") to defendant Nantucket Hunting Association, Inc ("NHA") with respect to a proposed Shooting Facility to be located on land, with a street address of 1 Shadbush Road in the Town, leased from the Town pursuant to a Lease. [Note 1] The complaint has been amended.
This case came on to be tried to the court (Piper, J.), which in a decision issued today has made findings of fact and rulings of law. In accordance with the court's decision, it is
ORDERED and ADJUDGED that the Decision of the Board was not unreasonable, whimsical, capricious, or arbitrary; was not based on a legally untenable ground; did not exceed the Board's authority; was not procedurally flawed; and is not entitled to be modified or annulled by the court. It is further
ORDERED, ADJUDGED and DECLARED that NHA, to construct and operate the Shooting Facility in compliance with the Zoning Bylaw of the Town, did not and does not need to apply for or obtain from the Board, nor from the Zoning Board of Appeals of the Town, above and beyond that granted by the Board in the Decision, any other or further zoning relief, permit and approval under the Zoning Bylaw, including: a special permit for a recreational facility as defined in Zoning Bylaw§139-2(A), major site plan review, or a dimensional variance with respect to minimum required lot frontage. It is further
ORDERED and ADJUDGED that the Board's Decision granting the MCD Special Permit is AFFIRMED. It is further
ORDERED and ADJUDGED that no further relief, and no costs, fees, damages, or other amounts, are awarded to any party.
By the Court.
MICHAEL COHEN; EDWARD M. SOFFEN as GENERAL PARTNER of THE SOFFEN FAMILY LIMITED PARTNERSHIP; ANDREW O. ESHELMAN; and DAVI-ELLEN CHABNER, TRUSTEE of the CHABNER REALTY TRUST v. BARRY RECTOR, SYLVIA HOWARD, NATHANIEL LOWELL, JOHN MCLAUGHLIN, and LINDA WILLIAMS, As They Are Members of the NANTUCKET PLANNING BOARD; NANTUCKET HUNTING ASSOCIATION, INC.; and THE TOWN OF NANTUCKET.