Home BARBARA L. O'PRAY, individually and as Trustee of the 264A NORTH MAIN STREET REALTY TRUST v. CLARK H. BREWER and TOWN OF COHASSET.

MISC 18-000652

August 7, 2019

Norfolk, ss.

FOSTER, J.

JUDGMENT.

Barbara L. O'Pray filed her Complaint on December 6, 2018. Clark H. Brewer filed his Response to Petition for Determination on January 11, 2019. The Town of Cohasset filed the Answer of Town of Cohasset on January 18, 2019. The Complaint seeks a declaration with respect to the plan entitled "Compiled Plan of Land North Main Street, Cohasset, Massachusetts, Prepared for Richard D. Smullen, Scale 80 feet to an inch, November 1, 1972" by Perkins Engineering, Inc., Engineers and Surveyors, 10 Industrial Park Road, Hingham, Massachusetts, that was endorsed by the Cohasset Planning Board as "Approval under the Subdivision Control Law Not Required" on November 1, 1972, and recorded with the Norfolk County Registry of Deeds (registry) as Plan No. 997 of 1972 in Plan Book 4888, Page 371 (the ANR plan). A copy of the ANR plan is attached.

O'Pray filed Petitioner, Barbara L. O'Pray's Motion for Summary Judgment (Motion for Summary Judgment) on March 8, 2019. Brewer filed his opposition to the Motion for Summary Judgment and Defendant Clark H. Brewer's Motion for Summary Judgment (Cross-Motion for Summary Judgment) on April 8, 2019. On April 9, 2019, the town filed the Response of Town of Cohasset to Plaintiff's Motion for Summary Judgment. O'Pray filed Plaintiff's Opposition to Defendant Brewer's Motion for Summary Judgment on April 17, 2019

The Motion for Summary Judgment and the Cross-Motion for Summary Judgment came on to be heard on May 1, 2019. In a Memorandum and Order of even date, the court (Foster, J.) has allowed in part and denied in part the Motion for Summary Judgment and denied the Cross- Motion for Summary Judgment.

In accordance with the court's Memorandum and Order issued today, it is

ORDERED, ADJUDGED and DECLARED that the ANR plan is final. It is further

ORDERED AND ADJUDGED that the Cohasset Planning Board found that on November 1, 1972, lots A, B, and C as shown on the ANR plan each had at least 50 feet of frontage on a way in existence when the subdivision control law became effective in the Town of Cohasset that had sufficient width, suitable grades and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land abutting or served by the way, and for the installation of municipal services to serve such land and the buildings erected or to be erected thereon. It is further

ORDERED, ADJUDGED and DECLARED that a copy of this Judgment may be recorded in the registry and marginally referenced on all relevant documents.

By the Court.


exhibit 1

ANR Plan