Deborah Frangesh and Neal Frangesh (the Frangeshes) filed their complaint in this action on March 28, 2017. The Answer of Defendants John S. Baldwin and Susan J. Curtis, Trustee of the Zero North Street Nominee Trust, was filed on April 24, 2017. The case management conference was held on June 23, 2017. At the case management conference, the claims against defendants Pamela Ness Crowley and Andrea N. Huber were dismissed without prejudice, and the subject building permit was deemed to apply to the current title holder of the subject property.
On November 30, 2017, the Defendants John S. Baldwin and Susan J. Curtis, Trustee of the Zero North Street Nominee Trust's Motion for Summary Judgment, Defendants John S. Baldwin and Susan J. Curtis, Trustee of the Zero North Street Nominee Trust and Summary Judgment's Memorandum in Support of their Motion for Summary Judgment, Defendants John S. Baldwin and Susan J. Curtis, Trustee of the Zero North Street Nominee Trust's Statement of Material Facts, and Defendant's Exhibit List were filed. On January 19, 2018, the Plaintiffs' Cross Motion for Summary Judgment, Plaintiffs' Response to Defendant Developer's Statement of Facts and Plaintiffs' Additional Facts in Support of Cross-Motion for Summary Judgment, Plaintiffs' Memorandum of Law in Opposition to Developer Defendants' Motion for Summary Judgment on Standing and in Support of Cross-Motion for Summary Judgment on the Merits, and Plaintiffs' Appendix for Summary Judgment were filed. On February 22, 2018, Defendants John S. Baldwin and Susan J. Curtis, Trustee of the Zero North Street Nominee Trust's Legal Memorandum in Opposition to Plaintiffs' Cross-Motion for Summary Judgment and Defendants' Responses to Plaintiffs' Statement of Additional Facts and Defendants' Statement of Additional Facts in Opposition to Plaintiffs' Cross-Motion for Summary Judgment, and Defendants' Further Exhibit List were filed. The Supplemental Affidavit of Deborah Frangesh were filed on March 2, 2018. Defendants' Second Supplemental Exhibit List was filed on March 6, 2018. The court heard the cross-motions for summary judgment on March 6, 2018, and took the cross-motions for summary judgment under advisement. In a Memorandum and Order of even date, the court (Foster, J.) has denied the Defendants' Motion for Summary Judgment and allowed the Frangeshes' Cross-Motion for Summary Judgment.
In accordance with the court's Memorandum and Order issued today, it is
ORDERED, ADJUDGED, and DECLARED that so much of the Decision of the Town of Duxbury Zoning Board of Appeals (the ZBA) dated March 8, 2017, as relates to the building permit issued for Lot 1 shown on a plan entitled "Plan of Land North Street and Keene Street Duxbury, Massachusetts," dated September 14, 2016 (Lot 1), is ANNULLED. It is further
ORDERED, ADJUDGED, and DECLARED that the Frangeshes' appeal of the building permit for Lot 1 is REMANDED to the ZBA for further findings consistent with court's Memorandum and Order. It is further
ORDERED, ADJUDGED, and DECLARED that a copy of this judgment may be filed in the Plymouth Registry of Deeds and marginally referenced on all relevant documents.
By the Court
DEBORAH FRANGESH and NEAL FRANGESH v. PAMELA NESS CROWLEY, ANDREA N. HUBER, SUSAN J. CURTIS as Trustee of the ZERO NORTH STREET NOMINEE TRUST, JOHN S. BALDWIN and JUDITH BARRETT, FREEMAN BOYNTON, JR., WAYNE DENNISON, BORYS GOJNYCZ and EMMETT SHEEHAN, as Members of the DUXBURY ZONING BOARD OF APPEALS.