BRIAN S. HICKEY and MARY P. HICKEY v. ERNIE OLIVEIRA, Member of the ZONING BOARD OF APPEALS OF THE TOWN OF DENNIS, et. al.

Plaintiffs Brian S. and Mary P. Hickey filed this action in April 2016. They challenged under M.G.L. c. 40A, §17 an April 2016 decision of the defendant members of the Zoning Board of Appeals of the Town of Dennis (the "ZBA"). The ZBA upheld a decision of the Town of Dennis's building commissioner that a proposed stairway and related facilities (the "Proposed Stairway") within a way abutting 104 Shore Drive in Dennis, Massachusetts does not require a building permit or any other approval under the Town of Dennis's Zoning By-Law.

The ZBA appeared in this Court and moved to dismiss the Hickeys' complaint. This Court (Sands, J.) entered a judgment of dismissal in January 2017. The Hickeys appealed, and in July 2018 the Appeals Court reversed the judgment of dismissal. The entity that wants to build the Proposed Stairway, Pathways Association, Inc., thereafter moved for and was granted leave to intervene in the case. The parties appeared for trial on May 3 and 6, 2019. By order dated June 3, 2019, this Court (Vhay, J.) vacated and remanded to the ZBA its decision in Case No. ZBA 365-11 for further consideration of the issues identified in the Court's June 3, 2019 order.

On June 25, 2019, the ZBA filed with the Town of Dennis's town clerk a second decision in Case No. ZBA 365-11. That decision again upheld the building commissioner's 2016 decision. The Hickeys were given leave to appeal the June 25, 2019 ZBA decision. For the reasons set forth in this Court's Amended Findings of Fact and Conclusions of Law, issue this day, the Court

ORDERS, ADJUDGES and DECREES that judgment shall enter in FAVOR of plaintiffs Brian S. and Mary P. Hickey, and AGAINST the defendant members of the Zoning Board of Appeals of the Town of Dennis (the "ZBA") and defendant Pathways Association, Inc., on the Hickeys' Amended Complaint. The Court further

ORDERS, ADJUDGES and DECREES that the ZBA's decision in Case No. ZBA 365- 11, filed with the Town Clerk of the Town of Dennis on June 25, 2019, is hereby ANNULLED.

SO ORDERED.