DiCarlo ex rel. DiCarlo 38 SS Realty Trust v. Ellsworth

Introduction

Pursuant to Section 17 of Chapter 40A of the General Laws, the plaintiff, Barbara DiCarlo (“plaintiff’), commenced this action against the defendants, the Hopkinton Zoning Board of Appeals (“ZBA”) and the Town of Hopkinton (“Town”) (collectively, “defendants”), challenging the ZBA’s denial of a building permit for Lots 205, 206, and 2071 and seeking that the statutory zoning freeze be applied to that land. This matter is before the court on the plaintiffs and the defendants’ cross motions for summary judgment with respect to these two issues. For the reasons set forth below, the…