FY 2007 - Town of Uxbridge

Cove v. Lobisser Development Corp.
Land Court Case No. 07 MISC 343957
This is an appeal pursuant to G.L. c. 41, §81BB
of a decision by Town of Uxbridge Planning
Board approving a certain Definitive Subdivision
Plan submitted by the defendants, John Cove
and Lobisser Development Corporation. The
parties have agreed to settle this matter by
deeding 18.4 acres of open space to the
Conservation Commission. The Agreement for
Judgment and the Deed are currently being
negotiated by the parties.
Down East Realty, LLC v.Town of Uxbridge
Worcester Superior Court C.A. 2006-2423-A
This is an appeal of the Fire Chief’s order denying
the plaintiff’s application for a blasting permit
in connection with the construction of
water lines for a residential subdivision. The
denial was based on a Board of Health
Regulation that places an indefinite moratorium
on blasting within a 3000 foot radius of a
hazardous waste release. Discovery is pending.
Fred Hutnak Development v. Planning Board
Worcester Superior Court C.A. No. 04-285C
Appeals Court Case No. 2006-P-0897
This is an appeal from the Planning Board’s
decision disapproving a definitive subdivision
plan known as Cornfield Estates located off of
West Road. The Superior Court entered
Summary Judgment in the Town’s favor on
March 21, 2006. The plaintiff appealed to the
Appeals Court. On May 24, 2007, the Appeals
Court entered a Rule 1:28 Decision vacating the
lower court’s decision and remanding the
matter back to Superior Court for further
consideration.
Norberg v. Planning Board
Worcester Superior Court C.A. No. 06-00309-B
This is an appeal of the Planning Board’s refusal
to endorse as “approval under the Subdivision
Control Law not required” a plan submitted by
David and Jacqueline Norberg in the fall of 2005
concerning land on Landry Lane. This is a
passive defense case in which the Stefanicks will
defend and we will monitor on behalf of the
Town.
Litigation Status Report – October 19, 2007*
North v. Planning Board / North v. ZBA
Land Court Case No. MISC 268779
(Planning Board)
This is an appeal from the Planning Board’s
denial of a definite subdivision plan of Rowley
Mill Estates. There has been no action on this
file since the filing of the Complaint.
Worcester Superior Court No. 2000-
01847C (ZBA)
This is an appeal from the ZBA’s denial of a special
permit for the removal of sand and gravel
at Elmsdale Road. In July, 2004 the court
remanded the matter to the ZBA for a new
hearing and decision on a revised application.
Uxbridge v. Griff/ Griff v.Town of Uxbridge
and ZBA
Worcester Superior Court C.A. 01-2487-B
Worcester Superior Court C.A. 02-0294-B
These cases involve an action by the Town to
enforce an October, 2001 Order that defendant
cease and desist activities at the Uxbridge Motor
Sports Park. In September, 2004 the Worcester
Superior Court entered Judgment in favor of the
Town, affirming the case and desist order and
ordering the motor sports park to close. The
plaintiff appealed to the Appeals Court. The
Appeals Court affirmed the Superior Court’s
Decision in favor of the Town which closed the
case(s).
The Town has filed multiple Complaints for
Contempt against Griff relative to his continued
operation of the motor sports park. On October
12, 2006, the Superior Court ruled in favor the
Town on its fourth Complaint for Contempt and
awarded attorney’s fees in the amount of $5000.
The Town then filed an itemization of attorney’s
fees, and, after a hearing at the request of the
plaintiff, the Court ordered Griff to pay the
Town the sum of $18,069.48. Griff has appealed
the Court’s Order.
Uxbridge v.Tzimogiannis, et. al. (Vecchione)
Worcester Superior Court C.A. 00-2099A
This case involves the Town’s zoning and general
by-law enforcement action relative to earth
removal activities conducted by Gary Vecchione
on a 10.2 acre parcel located at 189 Mendon
Street. The Town’s Complaint in this action
asserts that the defendants have not obtained
the proper permits for the removal of loam on
the property and that the defendants have violated
the Town By-laws by permitting the loam
to be removed from the Town. After a trial on
April 14, 2006, the Worcester Superior Court
issued a Judgment dated July 3, 2006 finding in
favor of the Town as to Count I of the Town’s
Complaint which sough an injunction to prevent
the earth removal in violation of the permit
requirements of the Town’s General Earth
Removal By-law. The Court, however, dismissed
Count II of the Town’s Complaint, which
sought an injunction to prevent earth removal
in violation of the provision of Section VII(F) of
the Town’s Zoning By-law which requires a permit
from the Building Inspector for the removal
of earth in an Agricultural District and also
requires that no loam be removed from the
Town.
Uxbridge Police Association and Town of
Uxbridge - Barth Grievance
AAA #11 390 01897 06
This case, filed in September, 2006, is a grievance
by a former police officer claiming that he
was entitled to additional vacation and sick
leave pay upon his departure from employment
with the Town.
Wunschel v. Board of Selectmen
Land Court Case No. MISC 316099 - Open
This case involves an abutter’s request for
enforcement of the Town’s Zoning By-laws relative
to the Carrington Land Condominium
(which consists of 50 dwellings in fifteen buildings
on one, undivided lot). The plaintiff,
Wunschel, filed an action in the Land Court
seeking declaration from the Land Court as to
whether or not the then zoning by-law allows
multiple buildings on a single lot in a residential
district. The original suit was filed against
the ZBA and the Town, but Carrington Land
Developers and multiple Unit Owners intervened
as defendants. There are two pending
Motions to Dismiss (one by the Developer and
one by the Unit Owners).
*Submitted by Louison, Costello, Condon & Pfaff, LLP, appointed Town Counsel in Sept. 07
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