RAJIAH ALDRIN DENNY, Plaintiff, v. ABRIJIT BRAHMACHARI, STEVEN COHEN, and JOSEPH GARBER, in their capacities as Members of the ZONING BOARD OF APPEALS FOR THE TOWN OF SHARON, Defendants

Plaintiff Rajiah Aldrin Denny ("Mr. Denny"), the owner with his wife of property located at 40 Harold Street, Sharon, Massachusetts ("the Property"), commenced this G. L. c. 40A, § 17, zoning appeal on October 25, 2019 with the filing of a complaint against defendants Abrijit Brahmachari, Steven Cohen and Joseph Garber, as members of the zoning board of appeals ("the ZBA") for the town of Sharon ("the Town"), appealing from the October 9, 2019 denial of Mr. Denny's application for a special permit to enclose an existing deck at the rear of the home on the Property ("the Application").

In a memorandum of decision of even date, this court ruled that the ZBA employed an improper legal standard in considering the Application and that no rational view of the facts would support the conclusion that the Application failed to meet one or more of the relevant criteria found in the G. L. c. 40A or the Town's Zoning Bylaw.

In accordance with the court's decision, it is

ORDERED, ADJUDGED and DECLARED that the Application meets all the requirements for a special permit under G. L. c. 40A and the Town's Zoning Bylaw and Mr. Denny is entitled to the approval of the same.

It is further

ORDERED and ADJUDGED that the Decision is hereby annulled.

It is further

ORDERED and ADJUDGED that this matter is remanded to the ZBA with instructions to approve the Application.

SO ORDERED.