Plaintiff Leon Charkoudian filed this action on March 7, 2017. His complaint contained two counts. Count I is an appeal, pursuant to G.L. c.40A, § 17, of a decision of the Town of Wilbraham Zoning Board of Appeals (the "ZBA"), recorded with the Town Clerk of Wilbraham on February 17, 2017 (the "ZBA Decision"). The ZBA Decision declared that Leon's brother, John Charkoudian, could build a single-family residence on a 19.01-acre parcel known as 19 Peak Road in Wilbraham (the "Property"), provided that John complied with § 3.3.3A of the Town's Zoning By-laws. Count II of Leon's complaint contained a request under c.240, § 14A, for a declaration that the Zoning By-laws will not allow construction of a new residential building on the Property, as it allegedly lacks sufficient frontage on a street. Leon Charkoudian named as defendants in this action the members of the ZBA and his brother John.
This Court dismissed Count II without prejudice by way of an order dated July 14, 2017. The Court determined that Leon failed to plead facts sufficient to establish this Court's jurisdiction over his c.240, § 14A claim.
Count I came before the Court on the parties' cross-motions for summary judgment. In accordance with the Court's Decision this same date, in light of the undisputed facts and the arguments of counsel, the Court (a) GRANTS Leon Charkoudian's motion for summary judgment in part and DENIES that motion in part; and (b) DENIES John Charkoudian and the ZBA's cross-motions for summary judgment. The Court thus
ORDERS, ADJUDGES and DECREES that:
A. Judgment is hereby entered in FAVOR of Leon Charkoudian and AGAINST the Town of Wilbraham Zoning Board of Appeals and John Charkoudian.
B. The February 17, 2017 decision of the Town of Wilbraham Zoning Board of Appeals in favor of John Charkoudian is hereby ANNULLED.
C. Count II of Leon Charkoudian's Complaint in this matter is dismissed without prejudice.
SO ORDERED.
LEON CHARKOUDIAN v. H. CLARK ABBOTT, MARK J. ALBANO, BETSY JOHSEN, EDWARD E. KIVARI, JR., and CHARLES A. PELOUZE, as they are members of the WILBRAHAM ZONING BOARD OF APPEALS; and JOHN CHARKOUDIAN.