THOMAS W. ARENA, et al., v. LINDA WILLIAMS, JOSEPH MARCKLINGER, JOHN TRUDEL, III, NATHANIEL LOWELL, and BARRY RECTOR, as they comprise the NANTUCKET PLANNING BOARD, et al.

In this action, plaintiffs Thomas W. Arena, Carol Andersson, and Elihu S. Tuttle appealed a decision of the defendant Nantucket Planning Board. That decision granted to defendant-applicant HallKeen Management, Inc. a special permit (with site-plan review) for construction of a development called Ticcoma Green. The site of Ticcoma Green is 6 Fairgrounds Road in Nantucket, on two lots owned by defendant Town of Nantucket.

Plaintiffs timely appealed the Board's decision to this Court under G.L. c. 40A, § 17. Plaintiffs also filed a claim under G.L. c. 240, § 14A, seeking a declaration that Ticcoma Green violates § 139.8D(3)(a)(1) of the Town of Nantucket's Zoning By-law, which Plaintiffs believe restricts a "workforce rental community" to no more than 32 housing units and no more than 57 bedrooms.

Defendants answered Plaintiffs' complaint. The parties subsequently filed motions and cross-motions for summary judgment. The parties appeared on December 12, 2018 for argument on those motions. On January 31, 2019, the Court denied the parties' motions for summary judgment, but provided preliminary rulings on several issues. After further briefing and hearings, on March 15, 2019, Plaintiffs filed a stipulation concerning their dispute with the Board's decision over a proposed "buffer area" on the southern edge of Ticcoma Green, thereby obviating (at this juncture) the need for a trial.

Thus, in accordance with this Court's Decision this same date, in light of the undisputed facts, stipulations and arguments of counsel, this Court

ORDERS, ADJUDGES and DECREES that:

A. Judgment is hereby entered in FAVOR of defendants Linda Williams, Joseph Marcklinger, John Trudel, III, Nathaniel Lowell, and Barry Rector, as members of the Nantucket Planning Board; HallKeen Management, Inc.; and the Town of Nantucket; and AGAINST plaintiffs Thomas W. Arena, Carol Andersson, and Elihu S. Tuttle.

B. Plaintiffs' claims in Count I of their Complaint are DISMISSED, with prejudice.

C. The proposed Ticcoma Green project, as approved by the Nantucket Planning Board, will not violate § 139-8.D(3)(a)(1) of the Nantucket Zoning By-law.

D. The November 27, 2017 Special Permit Decision With Site Plan Review of the Nantucket Planning Board, Planning Board File #67-17, filed with the Nantucket Town Clerk on December 21, 2017 (the "Decision"), is not unreasonable, capricious, or arbitrary; and is not based on legally untenable grounds.

D. The Decision is AFFIRMED.

SO ORDERED.