Plaintiffs Alexander S. Bruce, as Trustee of Old Farm Realty Trust and Mansfield Outdoor Advertising, LLC filed their three-count complaint pursuant to G.L. c. 40A, § 17, on April 6, 2015., appealing the March 23, 2015 decision of the Defendant Bellingham Zoning Board of Appeals which denied their application for a lot frontage variance, a special permit to exceed the Industrial District height limit and a special permit to erect two non-accessory billboard signs. A de novo trial was held on April 13, 2016.
Following receipt of the trial transcripts and the Parties' respective proposed findings of fact and rulings of law, the court held closing arguments on September 14, 2016 and took the matter under advisement. Now, in accordance with the findings of fact and rulings of law set forth in the court's Decision issued this date, it is hereby:
ORDERED, and ADJUDGED that the Town of Bellingham Zoning Boards of Appeals' Decision on Application for Variance and Special Permit dated March 23, 2015 did not exceed the Boards authority;
and it is further
ORDERED and ADJUDGED that Plaintiffs' G.L. c. 40A, §17 appeal of said Decision is accordingly DISMISSED.
SO ORDERED.
ALEXANDER S. BRUCE, as TRUSTEE OF THE OLD FARM REALTY TRUST and MANSFIELD OUTDOOR ADVERTISING, LLC, v. JEFFREY SCORNAVACCA, Chairman, BRIAN SALISBURY, Vice Chairman, ARTURO G. PATURZO, JAMER R. DUNLEA, BRIAN WRIGHT, and JAMES JESCHKE, as they are Members of the BELLINGHAM ZONING BOARD OF APPEALS.