The Plaintiffs appeal, under G.L. c. 40A, § 17, from the June 18, 2010 decision of the Defendant Town of Winchester Zoning Board of Appeals (ZBA), which granted Defendant Susan Cabana a special permit to conduct a home occupation. The Plaintiffs, who are all parties in interest as defined in G.L. c. 40A, § 11, allege that they are aggrieved by the ZBA's decision, and pray for annulment of that decision on the grounds that it is arbitrary, capricious, erroneous, and exceeds the authority of the ZBA.
A trial was held on March 6, 2012, at which time twenty-six (26) exhibits were entered into evidence, and seven (7) witnesses testified: Defendant Cabana, the Winchester Building Inspector, David Stirling (an architect retained by Defendant Cabana), and Plaintiffs Craig Gibson, Nancy Gibson, Stephen Murphy and Michelle Simpson. [Note 1] The parties submitted post-trial briefs following receipt of the trial transcript.
On March 7, 2013, a Decision was entered in this case, concluding that, because the Plaintiffs had failed to establish that they are persons aggrieved,, they had no standing under G.L. c. 40A, § 17 to maintain their appeal of the ZBA decision granting Defendant Susan Cabana a special permit for a home occupation.
Accordingly, it is hereby ORDERED, ADJUDGED and DECLARED that the Plaintiffs Complaint is hereby DISMISSED.
SO ORDERED.
By the Court (Cutler, J.)
STEPHEN MURPHY and MICHELLE SIMPSON as TRUSTEES OF THE MURPHY FAMILY REALTY TRUST, CRAIG GIBSON, NANCY GIBSON, THEODORE F. VILLA, MARY A. HEALY-VILLA, CHARLES E. ROCHE and JEAN N. ROCHE v. RICHARD SAMPSON, JR., JOSHUA ALPER, DONNA PATALANO, NIGEL GALLAGHER, JOAN LANGSAM, as they constitute the WINCHESTER BOARD OF APPEALS and SUSAN CABANA