Plaintiffs Debra H. Graf, John R. Graf and Ronald P. Graf filed this action in April 2016. They claimed that the defendant members of the Mattapoisett Zoning Board of Appeals (the "Board") improperly granted in March 2016 a special permit to defendant Norma Jean Klein, Trustee of the 4 Indian Avenue Nominee Trust. The Grafs asked the Court to annul the special permit pursuant to G.L. c. 40A, § 17.
In March 2018, this Court annulled the March 2016 special permit and remanded the matter to the Board for further proceedings. In July 2018, the Board re-issued the special permit to Trustee Klein, having found that her project would not be "substantially more detrimental to the neighborhood" than an existing, lawfully non-conforming garage on her property. On August 13, 2018, this Court allowed in part the Grafs' motion to amend their complaint so as to appeal, pursuant to § 17, the Trustee's second special permit. The counts that comprise the Grafs' appeal of the July 2018 permit are Counts III and IV of the Grafs' proposed First Amended Complaint, filed July 30, 2018.
The Grafs and the Trustee appeared for trial on November 14, 2018. With the assent of the Grafs and the Trustee, the Board did not appear at trial. For the reasons set forth in this Court's Findings of Fact and Conclusions of Law, issued this day, the Court:
ORDERS, ADJUDGES and DECREES that judgment shall hereby enter in FAVOR of Debra H. Graf, John R. Graf and Ronald P. Graf (the "Grafs"), and AGAINST the defendant members of the Mattapoisett Zoning Board of Appeals (the "Board"), Norma Klein, and Norma Jean Klein, as Trustee of the 4 Indian Avenue Nominee Trust (the "Trust"), on Count III of the Grafs' First Amended Complaint;
ORDERS, ADJUDGES and DECREES that judgment shall hereby enter in FAVOR of the Board, Norma Klein and the Trust, and AGAINST the Grafs, on Count IV of the Grafs' First Amended Complaint;
ORDERS, ADJUDGES and DECREES that the Board's Decision After Remand in BOA Case #1351, filed with the Town Clerk of Mattapoisett on July 18, 2018, is ANNULLED; and
ORDERS, ADJUDGES and DECREES that this matter is hereby REMANDED to the Board for proceedings consistent with the Court's Findings of Fact and Conclusions of Law.
SO ORDERED.
DEBRA H. GRAF, JOHN R. GRAF and RONALD P. GRAF. v. SUSAN AKIN, MARY ANNE BROGAN, EUGENE DESLANDES, BILL CANTOR, ANTHONY TRANFAGLIA, KENNETH PACHECO, ROBIN B. SHUFELT, NORMAN J. LYONNAIS, PAUL MILLOTT, JR., COLBY ROTTLER and STEPHEN E. VAITSES, as they are Members of the Board of Appeals of the Town of Mattapoisett; NORMA KLEIN, and NORMA JEAN KLEIN, Trustee of the 4 Indian Avenue Nominee Trust.