JAMES T. CONNOLLY, as Trustee of the Parker River Realty Trust v. TOWN OF NEWBURY.

Plaintiff James T. Connolly, as Trustee of the Parker River Realty Trust (the "Trustee"), filed this action in December 2018. He filed the action under G.L. c. 240, § 14A, seeking a declaration as to how § 97-6(B) of the defendant Town of Newbury's Zoning By-Laws (the "By- Laws") applies to the Trustee's property at 277 High Road in Newbury. The Town answered the Trustee's Complaint in January 2019. After the Town answered, the Court gave the Trustee leave to amend his complaint to request an additional declaration, in the event the Court rejected the Trustee's reading of § 97-6(B). The Town answered the Trustee's amended complaint in March 2019.

In March 2019, the Trustee moved for summary judgment on both of his claims. Based on the undisputed facts, the parties' briefs, and the arguments of counsel, for the reasons set forth in the Court's Decision issued this day, the Court

ORDERS, ADJUDGES, and DECREES that two structures on a "Plan of Land in Newbury, MA Showing Proposed Subdivision at 277 High Road," recorded at the Essex (Southern) Registry of Deeds on January 29, 2019 in Plan Book 469, Page 71, said structures labelled "#277 2 ½ STY. W.F.D." and "2 STY W.F. BARN," form a "building line" for purposes of § 97-6(B), Note 2, of the Town of Newbury's Zoning By-Laws, as follows: beginning at the westernmost corner of the structure labelled "W.F.D."; then continuing to the northernmost corner of the W.F.D.'s "PORCH"; then continuing to the westernmost corner of the structure labelled "BARN"; and ending at the northernmost corner of the BARN.

Upon payment of all required fees, a certified or attested copy of this Judgment may be recorded at the Registry of Deeds and marginally referenced on all relevant documents.

SO ORDERED.