Pursuant to G. L. c. 40A, § 17, Plaintiff appealed the decision of the Zoning Board of Appeals of the Town of Groton (Board), whose members are Defendants, upholding the Grotons Zoning Enforcement Officers denial of an application for a building permit for a residence on Plaintiffs property, located at 284 Whiley Road (Locus).
The case was before the court pursuant to Plaintiffs Motion for Summary Judgment, which was fully briefed by both parties and argued August 17, 2011. Plaintiff filed a post-hearing supplemental brief in support on August 22, 2011, and an additional post-hearing brief on April 10, 2013.
A decision of todays date in favor of Defendants has issued. In accordance with that decision, it is hereby:
ADJUDGED and ORDERED that the Boards decision to uphold the Zoning Enforcement Officers denial of a building permit for Locus based on its interpretation of Bylaw § 218-6E (1)-(2) and § 218-22G, was within the Boards reasonable discretion and is AFFIRMED, without prejudice to Plaintiffs ability to file an application for a special permit under § 218-6E(1), if Plaintiff so chooses.
ESTATE OF BARNEY SUSLOWICZ, FRANCIS BEE, Executrix v. ROBERT CADLE, et al, as they are MEMBERS OF THE ZONING BOARD OF APPEALS OF THE TOWN OF GROTON and BENTLEY HERGET, AS BUILDING COMMISSIONER and ZONING ENFORCEMENT OFFICER FOR THE TOWN OF GROTON.