DIV 35 CPD, LLC, Plaintiff v. CONSTANTINE ALEXANDER, et al., as members of the City of Cambridge Board of Zoning Appeal, Defendants

Plaintiff DIV 35 CPD, LLC, filed this action on November 22, 2019, pursuant to M.G.L. c. 40A, § 17. DIV sought review of a decision by the defendant members of the City of Cambridge Board of Zoning Appeal (the "Board"), filed with the Cambridge City Clerk on November 6, 2019 (the "Board's Decision). The Board's Decision upheld a determination by the City's Commissioner of Inspectional Services that DIV's renovation of a structure at 35 Cambridge Park Drive in Cambridge, Massachusetts, obligated DIV to make a housing contribution under art. 11 of the City's Zoning Ordinance.

The Board appeared in this action on November 27, 2019. The parties thereafter moved and cross-moved for summary judgment, and appeared for oral argument on those motions. For the reasons set forth in the Court's Decision issued this same day, the Court:

1. ORDERS, ADJUDGES, and DECREES that judgment hereby enters in FAVOR of plaintiff DIV 35 CPD, LLC, and AGAINST the defendant members of the City of Cambridge Board of Zoning Appeal (the "Board"), on DIV's Complaint in this action;

2. ORDERS, ADJUDGES, and DECREES that the Board's decision in Case No. BZA-017165-2019, filed with the Cambridge City Clerk on November 6, 2019, is hereby VACATED, and the case is REMANDED to the Board for further proceedings in accordance with this Court's Decision issued this same day;

3. ORDERS, ADJUDGES, and DECREES that this Court shall retain jurisdiction over this matter to the extent that any of the parties to this proceeding seeks (a) further relief consistent with this Judgment or (b) review of the Board's actions on remand; and

4. ORDERS the Board to report to the Court within 45 days of this Judgment as to when it can commence lawful proceedings in accordance with numbered paragraph (2) of this Judgment.

SO ORDERED.