In this action, brought pursuant to G. L. c. 40A, § 17, Plaintiffs appeal a decision of the Marblehead Board of Appeals denying their application for a special permit. Plaintiffs initiated this action on September 25, 2007, by filing a one-count complaint alleging that the Boards decision was arbitrary, capricious, and legally untenable. On March 19, 2008, a Motion to Intervene was filed by Plaintiffs abutters, David Koh and Elaine Koh, and that motion was allowed by the court after hearing.
A decision of todays date has issued in favor of the Board. In accordance with the decision, it is hereby
ADJUDGED and ORDERED that the decision of the Marblehead Board of Appeals denying Plaintiffs request for a special permit, filed with the Town Clerk on September 7, 2007, is upheld.
By the court. (Scheier, C.J.)
BARBARA GOLDMAN and MARK GELFAND, TRUSTEES OF PLAN B REALTY TRUST v. BARBARA SHEFFTZ, KAREN TENENBAUM, WILLIAM MORIARTY, CHRISTOPHER CASEY, and ELIZABETH BURKE-JACOBSON, as they are members of the BOARD OF APPEALS OF THE TOWN OF MARBLEHEAD. DAVID KOH and ELAINE KOH, Intervenors.