In this action, plaintiff Joseph M. Lazarek, as Trustee of the Cliffs Realty Trust ("CRT"), appealed a decision of the Manchester By-The-Sea Board of Appeals. In its decision, the Board granted defendant Cathleen E. Kavanaugh, as Trustee of the Smith's Point Realty Trust, a modification of a special permit obtained in 2011 by a prior owner of Trustee Kavanaugh's property. The modification allowed Trustee Kavanaugh to connect a 100-foot concrete tower to a corridor linking the Trustee's principal residence and a garage on her property.
The parties filed cross-motions for summary judgment, in both this case and a related case involving the same parties and the same tower (Case No. 15 MISC 000555). The Court held a hearing on the parties' cross-motions on December 19, 2017. In accordance with this Court's Decision this same date, in light of the undisputed facts and the arguments of counsel, this Court
ORDERS, ADJUDGES and DECREES that:
A. Judgment is hereby entered in FAVOR of defendants Michael Sullivan, Bridget Murray, James Diedrich, Andrew Cocker, and Gary Gilbert, as Members of the Manchester-By-The Sea Board of Appeals, and Cathleen E. Kavanaugh, as Trustee of the Smith's Point Realty Trust, LLC, and AGAINST Joseph M. Lazarek, as Trustee of the Cliffs Realty Trust.
B. Trustee Lazarek's claims are DISMISSED, with prejudice.
C. The March 2, 2017 Decision of the Board of Appeals to grant Trustee Kavanaugh a modification to the special permit dated February 15, 2011 for a property located at 12 Smith's Point Road in Manchester-By-The-Sea (the "Decision") was not unreasonable, capricious, or arbitrary; and was not based on legally untenable grounds.
D. The Decision is AFFIRMED.
SO ORDERED.
JOSEPH M. LAZAREK, as Trustee of the Cliffs Realty Trust v. MICHAEL SULLIVAN, BRIDGET MURRAY, JAMES DIEDRICH, ANDREW COCKER, and GARY GILBERT, as Members of the Manchester-By-The-Sea Board of Appeals, and CATHLEEN E. KAVANAUGH, as Trustee of the Smith's Point Realty Trust.