Laserfiche WebLink
COMMONWEALTH OF MASSACHUSETTS <br /> TRIAL COURT <br /> BARNSTABLE, SS. LAND COURT <br /> 09 MISC 395229 (KCL) <br /> JANET E. KROCK and KATHRYN } <br /> KROCK, Trustees of The HUBERT ) <br /> TRUST ) <br /> Plaintiffs ) <br /> V. ) <br /> ROBERT NELSON, JONATHAN ) <br /> FURBUSH,JAMES REIFFARTH, ) <br /> WILLIAM BLAISDELL and JACK ) <br /> DORSEY as they are members of the ) <br /> ZONING BOARD OF APPEALS OF ) <br /> THE TOWN OF MASHPEE ) <br /> Remand Order <br /> In this action, plaintiffs Janet E. Krock and Kathryn Krock, Trustees of the Hubert <br /> Trust ("Krock"), pursue a G.L. c. 40A, § 17 appeal from the defendant Mashpee Zoning <br /> Board of Appeals' denial of an application for special permit and denial of an application <br /> for variance. In this appeal, Krock contends that: <br /> (1) the special permit decision contains no findings to support the conclusion <br /> that the proposed project would be more detrimental to the area as proposed; <br /> (2) the variance decision contains no findings with respect to the criteria for a. <br /> variance; and <br /> (3) the Board's decisions are arbitrary and capricious, in excess of its <br /> authority, and based upon errors of law and fact. <br /> The Defendants have denied the Plaintiffs' contentions. <br /> At a case Management Conference convened.on June:6 2012,. the parties agreed <br /> that the case should be remanded to the Board for farther review and consideration. <br />