Giuliano v. Town of Edgartown

3 Mass. Supp. 213
CourtMassachusetts District Court
DecidedFebruary 8, 1982
DocketNo. 81-2868-G
StatusPublished

This text of 3 Mass. Supp. 213 (Giuliano v. Town of Edgartown) is published on Counsel Stack Legal Research, covering Massachusetts District Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Giuliano v. Town of Edgartown, 3 Mass. Supp. 213 (Mass. Ct. App. 1982).

Opinion

MEMORANDUM OF DECISION DENYING PRELIMINARY INJUNCTION

Garrity, J.

This is an action under 42 U.S.C. § 1983 brought by two real estate developers, Louis Giuliano and Patricia Lett, against the Town of Edgartown and members of the Edgartown Planning Board and Zoning Board of Appeals. The gist of plaintiffs’ complaint is that the defendants’ application of Article XI, § 11.1 of Edgartown’s Zoning By-laws to property owned by them violated their right to substantive due process under the Fourteenth Amendment and constituted a taking without just compensation in violation of the Fifth and Fourteenth amendments.

The case is presently before this Court on plaintiffs’ motion for a preliminary injunction, filed on November 19, 1981. The background facts to the plaintiffs’ motion are as follows. The defendant Edgartown is a rural town of approximately 30 square miles on the island of Martha’s Vineyard. It has a year-round population of approximately 2,500 and a peak summer population of approximately 13,500. In 1980, the town voted to amend its zoning by-laws to add Article XI, Section 11.1 which, in pertinent part, provides:

[215]*21511.1 Subdivision of Lots. Whenever a new lot or lots is or are formed from a part of any other lot or lots, the assembly or separation shall be effected in such a manner as not to impair any of the requirements of this by-law and shall be in accordance with the Subdivision Regulations of the Town of Edgartown.
a. The subdivision of a parcel or adjacent parcels in any district shall not exceed ten lots if resulting from division or combination of properties which were in the same ownership and contiguous as of the date of first publication of notice of Public Hearing on this By-Law ,in any 12 month period,. This provision shall apply to all subdivisions within the Town even if approval under the Subdivision Control Law is not required.
b. Subdivisions in excess of ten lots may be allowed without special permit of the Planning Board provided the owner thereof covenants with the Planning Board that he will not convey or build upon more than ten lots in any twelve month period. The covenant shall identify the lots that may be conveyed or built upon in each twelve month period.
c. Subdivisions in excess of ten (10) lots may be allowed by Special Permit after notice and hearing before the Planning Board provided that the Board determines that the probable benefits to the Town outweigh the probable adverse effects resulting from granting such permit. The Planning Board shall consider the impact on schools, other public facilities, traffic and pedestrian travel, the availability of public water and sewer, recreational facilities, open spaces and agricultural resources, traffic hazards, planned rate of development, and housing for senior citizens and people of moderate income.

In 1981, plaintiff Giuliano applied to the Edgartown Planning Board (“Board”) for a special permit under Article XI, § 11.1(c) to subdivide his 80-acre parcel of land located off the Edgartown-West Tisbury Highway into 59 lots during a single year. A public hearing was held on 'plaintiff’s application on May 28, 1981 and on July 1, 1981 the Board voted to deny the special permit. As grounds for its decision, the Board stated:

...it is evident that the probable adverse effects resulting from the granting of such a special permit for a 59 lot subdivision will outweigh the probable benefits to the Town. This is true in terms of:
1. Services such as school, police and fire demanded by the potential increase in population.
2. Increased town personnel needed to service those demands and perform the general business of the town (such as Planning Board, Assessors, Board of Health, Highway Dept., etc.)
3. Increased strain placed upon already overcrowded recreational facilities and marine and shellfish facilities.
. 4. Lack of adequate provision for low.to moderate income lots.1

Giuliano filed an appeal from the Planning Board’s decision to the Edgartown Zoning Board of Appeals (“Board of Appeals”) on July 21, 1981. While this appeal was pending he sold his entire 80 acre parcel at a purchase price of $65,000. to plaintiff Patricia Lett. On August 19, 1981, the Appeals Board held * a public hearing to determine whether [216]*216the Planning Board’s decision denying Giuliano’s application for a special permit should be reversed. The record of that hearing indicates there was considerable dismission of Giuliano’s proposed subdivision as well as the need to control growth and conveyancing in the town. Plaintiff Giuliano’s legal counsel, Mr. Hayes, told the Board that his client knew “how the town feels about control of planned growth,” so he had submitted' a proposal for cluster subdivision approval, hoping to have the 10 lot restriction on subdivision development waived. Mr. Hayes also suggested that if the Planning Board felt the disadvantages of the proposed subdivision outweighed its benefits, it never should have approved Giuliano’s plan for cluster development. Thereafter, Mr. Hayes “suggested the best compromise would be to control growth by permitting the sale of more than 10 lots but not allowing more than 10 building permits to be issued.” Record of Proceedings, Appendix D to Plaintiffs’ Motion for a Preliminary Injunction, p.3 (emphasis in original). A member of the Board pointed out that there was nothing in Mr. Giuliano’s application regarding the limitation of building permits. Mr. Hayes responded that “technically (plaintiff Giuliano) was appealing the Planning Board decision but that a proviso cohld be added.” Id. at p. 3. Another board member then asked if Giuliano was “basically requesting a permit for blanket selling” and Mr. Hayes indicated that he was. Id. at 4.

At the end of the hearing, the Zoning Board of Appeals voted unanimously to uphold the Planning Board’s decision denying Mr. Giuliano a special permit. It stated as the ground for its decision that the probable benefits of the proposed subdivision did not outweigh its probable adverse effects.

On November 10, 1981, Mr. Giuliano and Ms. Lett commenced this suit, seeking an order declaring the Town’s application of Section 11.1 to the land formerly owned by Mr. Giuliano unconstitutional, an injunction against its enforcement, and an award of $1,500,000 in damages. On January 31, >1982, five days after the hearing on their motion, they filed a substitute motion for a preliminary injunction “restraining the defendants from denying a special permit to sell more than 10 lo.ts and restraining the defendants from relying upon this said ten lot sales limit as a basis for refusing to approve a final subdivision plah to be submitted by the plaintiffs so long as such sale contains in the deed the earliest date in (sic) which construction may be commenced in conformity with Edgar-town Zoning By-law, Article 11.”2

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Bluebook (online)
3 Mass. Supp. 213, Counsel Stack Legal Research, https://law.counselstack.com/opinion/giuliano-v-town-of-edgartown-massdistct-1982.