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Habitat for Humanity of f Cage Cod,Inc v Zoning MEZ Realty Inc v Board of up��►, Board of Appeals " gp Suffolk Superior Court C.A.No.10-935 Housing Appeals Committee,Docket No.2011-01 This is an appeal pursuant to G.L.c.30A, This matter is an appeal pursuant to G.L. c. 40B an administrative decision by the Board of Health to of the ZBA's denial of a comprehensive permit for adopt Manufactured Home Community Regulations, construction of a single family affordable residence at The parties filed Motions for Judgment on the 24 Russell Road. Upon conferencing the subject Pleadings and oral argument was held on those appeal with the Chairman of the Housing Appeals Motions on January 17, 2011. The Court issued its Committee (HAC) and a HAC mediator, the parties decision on July 5, 2011,upholding the validity of the reached a settlement whereby the subject comprehen- Regulations, denying MEZ's claim that it was singled € sive permit was issued pursuant to an order of the out and denied equal protection of the laws by the HAC dated October 28, 2011. Board's enforcement actions, but, upholding a proce. Krock v.Zonin Board of A dural challenge to the Board's orders determining that g ppeals Land Court Case No.395229 MEZ violated the Regulations and the Sanitary Code due to the lack of specific findings of fact in the This case involves a property owner's appeal Board's Orders. The Court set aside the violations and pursuant to G.L. c. 40A, §17 from the Board's denial remanded the matter back to the Board for establish- of a Special Permit and a Variance with regard to ment of written findings of fact in support of its deter- property located at 4 Cross Street.All discovery in this mination that MEZ violated the BOH Regulations and matter has been completed and the parties are cur- the Sanitary Code compliant with § 11(8). rently awaiting a Pretrial Conference date from the Court. Regan v. Zoning Board of Appeals Inspector of Buildings and Molai Mashg�e v South ape Res rt nd arLand Court Case No. 11 Misc.446055 Club Association Land Court Case No.MISC 381213 This is an appeal by an abutter pursuant to G,L. c. 40A, §17 of the Building Inspector's determination This is a Declaratory Judgment action to deter- of the building setback line for the property of the co- mine the rights and responsibilities of the parties rela- defendant located on a cul de sac at 12 Brookside tive to a parcel of land located at 966 Falmouth Road (Lot 2),Mashpee. The Defendant filed Counterclaims Circle and the ZBA's affirmation of that determine- tion. The case entails a dispute over interpretation of against the Town for Declaratory Judgment and Injunctive Relief. The parties filed Cross-Motions for the location of the "building line" shown on the final approved plan for the subject property. We have filed Summary Judgment with the Land Court. A hearin g a Notice of Appearance on behalf of the ZBA and on said Motions was convened in the Land Court on Building Inspector and plan to engage in a joint December 2, 2011. We are currently awaiting the Court's Decision. defense of the ZBA decision with counsel for the property owner. A Land Court case management con- Mash nee Building Inspector/Zoning Agent v ference was held on September 19, 2011. T_)ragiannop lous Barnstable Superior Court C.A.No.2011-00248 We are honored to serve as Town Counsel for the This case involves a zoning violation/enforce- Town of Mashpee, and we remain committed to pro- ment action pursuant to the provisions of G.L. c. 40A, viding the Town with high quality, cost-effective,and §8 and the Town of Mashpee Zoning Bylaws relative timely legal advice and representation. We look for- to property located at 593 Main Street.The Complaint ward to working with the Town Manager, the was served upon the Defendant on May 12, 2011.The Selectmen, and other officers, boards and agencies of Defendant filed an Answer to this action on June 1, the Town to secure and advance the interests of the 2011.The Town has filed a Motion for Injuctive Relief Town of Mashpee in 2012. to enjoin any ongoing violations, and the Building Respectfully submitted, Inspector is currently monitoring activity at the locus. Patrick J. Costello, Esq. ! Louison, Costello, Condon & Pfaff,LLP I Town Counsel 10