This case is an appeal pursuant to G. L. c. 40A, §17 of an April 19, 2017 decision ("Decision") issued by the Planning Board ("Board") of the Town of Tewksbury ("Tewksbury" or "the Town"), whose members are defendants in their official capacities. In the challenged Decision, the Board granted various special permits under Sections 9300, 9400, 9500, and 8680 of the Tewksbury Zoning Bylaw to defendant Tewksbury Hospitality, LLC ("private defendant") permitting the construction of a hotel at the intersection of North Street and International Place in Tewksbury. Plaintiff Marilyn McDonagh owns and resides in a single-family home located across the street from the site of the proposed hotel, and in her appeal claims that the Board's Decision was arbitrary, capricious, in excess of its authority, and so must be annulled.
On May 8, 2017, plaintiff timely filed a complaint in the Superior Court, Middlesex County, appealing the Decision pursuant to G. L. c. 40A, §17, and also timely filed a copy of its complaint with the town clerk as required by the statute. On February 2, 2018, this case was transferred from the Superior Court to this court's Permit Session.
On July 27, 2018, the private defendant filed a motion for summary judgment in which it challenged the standing of plaintiff to bring her appeal, arguing that she is not a person aggrieved as required by G. L. c. 40A, §§8, 17. The court held a hearing on the motion for summary judgment on November 2, 2018.
Following argument, the court (Piper, J.) granted defendant's motion in part. The court's ruling on summary judgment is as laid upon the record from the bench and summarized in an entry made upon the docket on November 2, 2018.
This case came on to be tried to the court (Piper, C.J.), which, in a decision issued this day, has made findings of fact and rulings of law.
In accordance with the court's ruling on summary judgment and with the decision of the court issued this day, it is
ORDERED and ADJUDGED that this case, in its entirety, as to all parties and claims, is DISMISSED. It is further
ORDERED and ADJUDGED that this Judgment disposes of the entire case; no costs, fees, damages, awards or other sums or other relief are awarded to any party.
MARILYN MCDONAGH v. STEPHEN G. JOHNSON, JR., KEITH E. ANDERSON, VINCENT S. FRATELIA, NANCY REED, JEREMIAH J. DELANEY, JR., and ROBERT A. FOWLER as Members of the TEWKSBURY PLANNING BOARD; TEWKSBURY HOSPITALITY, LLC; and DAVID WARD, TRUSTEE of the NORTH STREET REALTY TRUST