Plaintiff John J. Dillon, Jr., individually and as Trustee of the John J. Dillon, Jr. Trust, filed this action on July 25, 2016. His complaint contained a single count, one brought pursuant to G.L. c.40A, § 17. That count appealed a decision of the defendant Town of Barnstable Zoning Board of Appeals (the "ZBA"), recorded with the Town Clerk of Barnstable on July 6, 2016 (the "ZBA Decision"). The ZBA Decision upheld an April 1, 2016 grant by the Barnstable Building Commissioner of Building Permit B-2016-366. The permit allowed construction of a single- family residence on a lot owned by defendant Danute Quinn. Ms. Quinn's lot is sometimes called 2155 Main Street. Mr. Dillon had appealed the Building Permit to the ZBA under c. 40A,
§§ 8 and 15.
This action came before the Court for trial on October 25, 2017. The Court heard closing arguments on December 13, 2017. In accordance with the Court's Findings of Fact and Conclusions of Law this same date in this and a related case, Dillon v. Quinn, Case No. 16 MISC 000438, in light of the facts found after trial and the arguments of counsel, the Court
ORDERS, ADJUDGES and DECREES that:
A. Judgment by dismissal hereby enters in FAVOR of the defendant members of the Town of Barnstable Zoning Board of Appeals (the "ZBA") and Danute Quinn.
B. John J. Dillon, Jr., both in his individual capacity and in his capacity as Trustee of the John J. Dillon, Jr. Trust, (1) lacks standing under G.L. c.40A, §§ 8 and 15, to have appealed to the ZBA Building Permit B-2016-366; and (2) lacks standing under G.L. c.40A, § 17, to appeal to this Court the ZBA's July 6, 2016 decision upholding that Building Permit.
C. Mr. Dillon's Complaint is DISMISSED with prejudice.
SO ORDERED.
JOHN J. DILLON, JR., Individually and as Trustee of the John J. Dillon, Jr. Trust, v. BRIAN FLORENCE, ALEX RODOLAKIS, HERBERT BODENSIEK, DAVID HIRSCH, ROBIN YOUNG, SPENCER AALTONEN, JACOB DEWEY, and MATTHEW LEVESQUE, as they are members and associate members of the Town of Barnstable Zoning Board of Appeals; and DANUTE QUINN.