Plaintiffs John and Regina Conway, of 66 Main Street in Westford, MA, filed this action in September 2016. They appealed, pursuant to G.L. c. 41, ยง 81BB, the defendant Town of Westford Planning Board's approval of a definitive subdivision plan submitted by defendants David A. Guthrie and Christopher H. Finneral for a parcel of land located at 64 Main Street in Westford. The Conways own the fee in a 30-foot right of way that runs over the southwest edge of 66 Main Street. That right of way provides access to 64 Main Street.
In September 2018, this Court heard the parties' cross-motions for summary judgment. The Court denied summary judgment for the Conways because there were disputed issues of fact concerning the Conways' standing to appeal the subdivision-plan approval. The Court also denied summary judgment for Guthrie and Finneral on the merits of two issues, whether the Board properly waived a requirement in Westford's Subdivision Regulations that dead-end streets terminate in a cul-de-sac having a 70-foot outside curb radius (the "Cul-de-sac Waiver"), and whether the Board properly approved the subdivision application even though it lacked the Conways' signature (the "Applicant Requirement"). In the interests of judicial economy and the economy of the parties, the Court remanded the matter to the Board to determine whether it could make required findings supporting the Cul-de-sac Waiver and whether it would waive the Applicant Requirement.
The Board issued its remand decision in December 2018. In that decision, the Board made findings supporting the Cul-de-Sac Waiver and waived the Applicant Requirement (the "Applicant Waiver"). The Conways appealed the remand decision to this Court, challenging both Waivers. Finneral and Guthrie maintained their attack on the Conways' standing to challenge the Board's decision. The parties appeared for trial on April 16, 2019. In accordance with the Findings of Fact and Conclusions of Law issued this day, it is
ORDERED and ADJUDGED, that plaintiffs John and Regina Conway's claims in this action are hereby DISMISSED, WITH PREJUDICE.
SO ORDERED.
JOHN CONWAY and REGINA CONWAY v. TOWN OF WESTFORD PLANNING BOARD; DENNIS J. GALVIN, MATTHEW LEWIN, MICHAEL GREEN, KATE HOLLISTER, and DARRIN WISZT, in their capacitites as members of the TOWN OF WESTFORD PLANNING BOARD; DAVID A. GUTHRIE; and CHRISTOPHER H. FINNERAL.