This action, filed in this court October 7, 2015, is a judicial appeal, pursuant to G.L. c. 40A, §17, from a decision rendered by the Zoning Board of Appeals of the Town of Northbridge ("Board"), whose members are defendants. The Board filed that decision ("Board's Decision") with the municipal clerk on September 17, 2015. [Note 1]
Plaintiff W. Robert Knapik, as Trustee of Douglas Road Industrial Realty Trust, also seeks declaration under G.L. c. 240, § 14A.
The court (Piper, J.) held on April 12, 2016 a hearing on cross motions for summary judgment. At the conclusion of the hearing, applying the standards governing motions brought pursuant to Mass. R. Civ. P. 56, based on the absence of material facts in dispute, giving every fair inference to the party opposing summary judgment, and being in part able to rule as a matter of law, the court, for the reasons expressed on the record from the bench and provided in an entry made in the docket of this case dated April 12, 2016, allowed in part the defendants' cross-motion for summary judgment, and otherwise denied the summary judgment motions.
This case came on to be tried to the court (Piper, J.). In a decision issued today, the court has made findings of fact and rulings of law. In accordance with the court's rulings on summary judgment and with the court's decision, it is
ORDERED, ADJUDGED and DECLARED that the Plaintiff's proposed composting facility does not qualify as or constitute a community facility as defined in Section 173-2 of the zoning bylaw of the Town. To the extent the municipal zoning law creates a category of as of right use which would apply to the Plaintiff's proposed use but for the fact that that use is to be operated by a for profit entity, as opposed to by a governmental or non-profit entity, the zoning law is not on that account invalid, unconstitutional, or unenforceable. The proposed use qualifies under Section 173-16 of the municipal zoning law as a light industrial use, a use allowed as of right in the I-1 district, provided that the manufacturing and similar uses conducted at the Property will not be "offensive, injurious, or noxious," taking into consideration the "...fumes, dust or dirt [or] odors..." from the operation of the composting facility on the Property. It is further
ORDERED and ADJUDGED that the Board's Decision, concluding that the Plaintiff's proposed composting facility is not a use allowed as of right in the I-1 district, was unreasonable, arbitrary and in error, and is hereby ANNULLED. The Board, the Building Inspector, and the municipality are to treat and process for zoning purposes Plaintiff's proposed composting facility project as a use permitted as of right in the I-1 zoning district in which it will be located--a light industrial use which will not be "offensive, injurious, or noxious," taking into consideration the "...fumes, dust or dirt [or] odors..." that will emanate from the project site on the Property. It is further
ORDERED and ADJUDGED that this Judgment disposes of the entire case. No further relief, and no costs, fees, damages, awards or other sums, are awarded to any party.
By the Court.
W. ROBERT KNAPIK, Trustee of Douglas Road Industrial Realty Trust, v. THOMAS HANSSON, WILLIAM CORKUM, RANDY KIBBE, KEVIN QUINLAN, and CYNTHIA DONATI, as members of the Zoning Board of Appeals for the Town of Northbridge; DOUGLAS C. CURVING, as associate member of the Zoning Board of Appeals for the Town of Northbridge; JAMES S. SHEEHAN, JR., as Inspector of Buildings and Zoning Enforcement Officer for the Town of Northbridge; and the TOWN OF NORTHBRIDGE.