Shaw River, Inc. v. Pearson

Billings, Thomas P., J.

This matter is before the Court on an appeal pursuant to G.L.c. 40A, §17 of a decision by the Zoning Board of Appeals of Billerica (“the Board”) upholding the determination of Billerica’s Building Inspector that a parcel of land belonging to the plaintiff, Shaw River, Inc. (“Shaw River”), was not a “grandfathered” buildable lot. Each party has moved for summary judgment. For the reasons set forth below, Shaw River’s motion is ALLOWED, and the defendants’ cross motion is DENIED.

BACKGROUND

The undisputed facts as revealed by the summary judgment record are as follows.

Shaw…