Home DON PERRY v. HULL ZONING BOARD OF APPEALS; PETER LOMBARDO, as he is the Building Commissioner of the Town of Hull; CHARLES WILLIAMS, and ANNE VEILLEUX

MISC 18-000347

November 5, 2019



Plaintiff Don Perry owns 9B Maple Lane in Hull, Massachusetts. In early 2018, his neighbors at 12 Maple lane, defendants Charles Williams and Anne Veilleux, applied for and received a building permit to construct a single-family dwelling on their property. Pursuant to M.G.L. c. 40A, §§8 and 15, Mr. Perry appealed the permit to the defendant Hull Zoning Board of Appeals (the "ZBA"; together with Williams and Veilleux, the "Defendants"). The ZBA upheld the permit.

In July 2018, Mr. Perry filed this action pursuant to id. at §17, seeking judicial review of the ZBA's decision. Initially, Perry sued only the ZBA and the Town's building commissioner, Peter Lombardo, but by order dated August 9, 2018, the Court ordered Perry to amend his complaint to name Mr. Williams and Ms. Veilleux as co-defendants. Perry did so. Williams and Veilleux then moved to dismiss Perry's Amended Complaint, a motion this Court denied on September 14, 2018.

The parties then cross-moved for summary judgment. In a Decision and Order of Remand dated March 12, 2019, this Court granted partial summary judgment to Defendants, and denied summary judgment to Mr. Perry, on the issues of whether (a) the properties comprising 12 Maple Lane form a single "lot" for purposes of the Town of Hull's Zoning By-law, and (b) whether Mr. Williams and Ms. Veilleux's proposed residence complies with the By-law's setback requirements. The Court nevertheless denied summary judgment to Defendants, and granted partial summary judgment to Perry, as to whether the ZBA adequately determined that 12 Maple Lane has sufficient lot frontage under the By-law to allow construction of the proposed residence. The Court remanded the case to the ZBA for consideration of that issue.

On May 14, 2019, the ZBA held a hearing pursuant to the Court's remand order. The ZBA voted again to deny Mr. Perry's appeal of Mr. Williams and Ms. Veilleux's building permit (the "Remand Decision"). Perry timely moved in this Court to amend his complaint so as to obtain review under c. 40A, §17 of the Remand Decision. The Court allowed Perry's motion on July 24, 2019. The parties thereafter filed cross-motions for summary judgment. In accordance with the Decision Following Remand issued this day, the Court DENIES Perry's Motion for Summary Judgment (docketed on August 15, 2019) and GRANTS Defendants' Cross-Motions for Summary Judgment (docketed on September 3, 2019). The Court thus:

A. Enters judgment in FAVOR of defendants Hull Zoning Board of Appeals (the "ZBA"); Peter Lombardo, as he is the Building Commissioner of the Town of Hull; Charles Williams; and Anne Veilleux, and AGAINST plaintiff Don Perry, on all counts of Mr. Perry's Complaint, as amended.

B. ORDERS, ADJUDGES and DECREES that the ZBA's decision regarding Petitioner Donald Perry, 9B Maple Lane, Hull, MA 02045, concerning a Premises at 12 Maple Lane, Hull, MA 02045, approved May 14, 2019 and signed June 4, 2019, is hereby AFFIRMED.