Home ANTHONY PELULLO as trustee of the Pelullo Family Nominee Trust v. SCOTT LANDGREN, LAURA GODIN, CHIKE ODUNUKWE, KEVIN POLANSKY and CHRISTOPHER SWINIARSKI as members of the Natick Zoning Board of Appeals that heard the variance application and request for zoning enforcement; SCOTT LANDGREN, DAVID JACKOWITZ, GARRET LEE, ROBERT HAVENER and JASON MAKOFSKY as members of the Natick Zoning Board of Appeals that heard the remand to consider "equitable considerations" with respect to the plaintiff's "tear down" request; MICHAEL WARE and LISA WARE.

MISC 13-478907

November 9, 2018

Middlesex, ss.



For the reasons set forth in the court's Decision of this date and in its previous memoranda in this case, [Note 1] it is ORDERED, ADJUDGED and DECREED that the variance from the lot depth requirement granted to the Wares by the zoning board was erroneously issued, that Mr. Pelullo had standing to challenge that variance but only due to the headlight impact on his house, that that impact is fully mitigated by the Wares' Headlight Mitigation Landscape Plan, and thus that the implementation and maintenance of that plan is a fully sufficient alternative remedy to tear-down of the Ware house. The decision of the zoning board so finding is thus AFFIRMED, and the Wares are ORDERED to implement and maintain that plan. Mr. Pelullo's request that the house be torn down is DENIED. It may remain as long as the Headlight Mitigation Landscape Plan remains fully implemented.



[Note 1] See Mem. & Order on Cross Motions for Summary Judgment (Feb. 28, 2014); Decision (Dec. 3, 2014); and Mem. & Order on the Question of Appropriate Relief (Jul. 13, 2015).